Lakshman Sao @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62364 of 2023 Arising Out of PS. Case No.-359 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== LAKSHMAN SAO @ LAKSHMAN KUMAR SON OF LATE ARVIND SAO @ LATE ARVIND SAH RESIDENT OF VILLAGE BADI SANGATPUR POLICE STATION KHUSHRUPUR DISTRICT-PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Ishwar Chandra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with S.Tr. No. 516 of 2021, arising out of Khushrupur P.S.Case No. 359 of 2020, under Sections 304(B), 201, 120(B) and 34 of the Indian Penal Code, inasmuch as the prayer of the petitioner for grant of regular bail was rejected by this Court, by an order dated 25.1.2023, passed in Criminal Miscellaneous No. 33368 of 2022.

3.

The informant is stated to have solemnized marriage of his daughter with the petitioner in the month of July, 2020, whereafter, the daughter of the informant had gone to her

Patna High Court CR. MISC. No.62364 of 2023(2) dt.08-12-2023 2/3 matrimonial home, however, after some time, the accused persons including the petitioner herein started harassing the daughter of the informant both mentally and physically. On 23.11.2020, the accused persons including the petitioner herein had demanded a sum of Rs. 2 lacs by way of dowry, however, on account of non-fulfillment of the same, the informant was threatened that his daughter would be killed and subsequently, on 24.11.2020, the informant came to know that the accused persons including the petitioner herein have killed the daughter of the informant on account of non-fulfillment of the demand for dowry.

4.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 16.4.2021 and the informant is not turning up for deposing before the learned Trial Court with a view to linger the trial, hence, a sympathetic view be taken and the petitioner be granted the privilege of bail. 5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is sufficient materials to show

Patna High Court CR. MISC. No.62364 of 2023(2) dt.08-12-2023 3/3 the complicity of the petitioner in the alleged crime i.e. killing his wife on account of non-fulfillment of the demand for dowry, apart from the fact that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence, I do not find any merit in the present petition, thus, the same stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T