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Patna High CourtCR. MISC./61279/2023bail rejected

Arjun Ram v. The State Of Bihar

2024-02-22Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61279 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== Arjun Ram, aged about 27 years, Male Son Of Late Manik Ram @ Manik Lal Ram, Resident of Village- Sobhan Badgawon, P.S. Khanpur, District Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neeraj Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khanpur PS Case No. 337 of 2022 instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, it is case of dowry death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It has further been submitted that petitioner has neither demanded any dowry nor tortured the deceased. Learned counsel for the petitioner further submits that during the course of investigation the witnesses has

Patna High Court CR. MISC. No.61279 of 2023(4) dt.22-02-2024 2/3 stated that the daughter of the informant has committed suicide by hanging herself. It is further submitted that daughter of the informant was in depression due to having no child and under depression, she has committed suicide.

5. Learned APP opposes the prayer for bail and submits that the informant was being tortured by the petitioner and his family members due to non fulfillment of demand of motorcycle.

6. From perusal of the case diary, FIR, Postmortem report and the impugned order dated 02.08.2023 passed by the learned Sessions Judge, Samastipur, it appears that petitioner is the husband of the deceased Reena devi. Death has been occurred within seven years from marriage. According to the postmortem report the death has been caused due to shock resulting from injury near neck. Petitioner is in custody since 05.06.2023.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. Learned trial Court is directed to conclude the

Patna High Court CR. MISC. No.61279 of 2023(4) dt.22-02-2024 3/3 trial preferably within a period of one year from the date of receipt of this order.

(Ramesh Chand Malviya, J) Anand Kr.

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