Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69970 of 2021 Arising Out of PS. Case No.-92 Year-2019 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Dharmendra Kumar S/o Hanslal Rai R/o village- Mahmmadpur Katsari, P.S.- Shyampur Bhataha, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Shyampur Bhatha P.S. Case No. 92 of 2019 registered for the offence under Sections 120-B, 304-B and 201 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 24.11.2021.
The allegation against the petitioner is to cause death of his wife/daughter of the informant along with other family members/co-accused due to non-fulfilling demand of dowry. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.69970 of 2021(6) dt.06-09-2022 2/3 submitted that allegation as regard to demand of dowry is not specific and the same is appearing very much general and omnibus against petitioner and his family members. It is submitted that the daughter of informant died due to stomach ache, as she was suffering from cholera. It is also submitted that death is very natural. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, submitted that the allegation is specific against this petitioner to killed his wife, where dead body was found in her matrimonial home, for non-fulfillment of demand of dowry. It is also submitted that the dead body was disposed in hurry without informing the parents of the deceased/informant is only suggesting the involvement of petitioner in present occurrence. Considering the facts and circumstances as mentioned above, as petitioner is the husband of the deceased where admittedly, dead body was found in matrimonial home in the background of allegation of demand of dowry. This Court is not inclined to grant the bail to the petitioner for the present case.
Patna High Court CR. MISC. No.69970 of 2021(6) dt.06-09-2022 3/3 Petitioner shall be at liberty to renew if trial is not concluded within six months, if so advised.
The trial Court is directed to conclude the trial within six months by taking this matter on board on day to day basis. Superintendent of Police of Seohar is directed to produce the charge-sheet witness as and when directed by the trial so as to conclude the trial within aforesaid time period is directed.
(Chandra Shekhar Jha, J) Pooja/- Archana/- U T