Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64927 of 2022 Arising Out of PS. Case No.-660 Year-2014 Thana- CIVIL LINE District- Gaya ====================================================== AMAR KUMAR S/o Late Suraj Sao, R/o Mohalla- Ghugri Tand, P.S.- Civil Lines, (Vishnu Pad), Distt- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjesh Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Gaya Civil Line (Vishnupad) P.S. Case No. 660 of 2014 registered for offence punishable under sections 304(B) and 201 of the Indian Penal Code.

As per allegation, the marriage of sister of the informant (deceased) was solemnized with the petitioner in the year 2014. The accused persons, including the petitioner, used to assault the deceased for non-fulfillment of demand of dowry. On 07.12.2014, the informant received a telephonic information that his sister was murdered. The petitioner and the accused persons stealthily cremated her dead body.

Patna High Court CR. MISC. No.64927 of 2022(4) dt.20-04-2023 2/2 The learned counsel for the petitioner has submitted that the deceased died due to severe cold and the medical prescriptions show that five life saving injections were given to her, but she could not be saved. The learned counsel has also submitted that some of the witnesses, in the case diary, have stated that the victim died due to severe cold. On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail.

The victim died within six months of her marriage in her matrimonial house other than natural circumstances. There is allegation that the petitioner being the husband, subjected her to cruelty for non-fulfillment of demand of dowry. The witness Rakesh Kumar, whose statement has been recorded in paragraph 46 of the case diary, has stated that the petitioner, on the day of occurrence, had assaulted the deceased, due to which, she committed suicide after strangulating herself. In my view, the petitioner does not deserve the privileges for bail. Accordingly, his prayer for bail is rejected.

(Nawneet Kumar Pandey, J) Mahesh/- U T