Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62651 of 2022 Arising Out of PS. Case No.-66 Year-2020 Thana- AKILPUR District- Saran ====================================================== DHARMENDRA RAI Son of Jitendra Rai R/V- Navdiyara, P.S- Akilpur in the District of Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 12.06.2022 in connection with Akilpur P.S. Case No. 66 of 2020, F.I.R. dated 21.10.2020 for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

According to prosecution case, in brief, is that on 21.10.2020 one Gaya Rai gave a written report stating therein that his daughter Sushma Kumar married to one Dharmendra Rai since two years back with due respect and proper gift. It is further stated that after few days, her in-laws including husband started demanding motorcycle and for the same on 21.10.2020 at 07.00 A.M. informed from her sasural that the daughter of informant has been killed and her dead body has been disposed

Patna High Court CR. MISC. No.62651 of 2022(5) dt.28-04-2023 2/3 off. After getting such information the informant and his family members went to the sasural of deceased Sushma Kumar and they found the door was closed. On enquiry the informant came to know that her daughter was killed by her husband and in-laws for non-fulfillment of dowry.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is the husband of the deceased. He further submits that in fact the deceased has died due to accident she was suffering from seizure disorder for the last three years and she was under treatment in Udayan Hospital, Patna. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the basis of material available on the record and case diary submits that the petitioner and their family members has disposed off the dead body of the deceased without information of the family members of the deceased and there is sufficient material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

Considering the aforesaid facts, I am not inclined to

Patna High Court CR. MISC. No.62651 of 2022(5) dt.28-04-2023 3/3 enlarge the petitioner on bail in connection with Akilpur P.S. Case No. 66 of 2020 pending in the court of learned Judicial Magistrate, 1st Class, Saran at Chapra.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T