Patna High CourtCR. MISC./68063/2023bail rejected

Pawan Das v. The State Of Bihar

2023-10-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68063 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Pawan Das, Son Of Ramashish Das @ Rammasish Das R/0 Vill Gopalpur P.S. Gopalpur Kamarua Tola Ward No-08 P.S. Cheria Bariarpur Distt-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Cheria Bariarpur P.S. Case No. 280 of 2022, lodged on 17.10.2022 under Sections 304(B) & 201 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged solely against the present petitioner that the marriage of informant daughter has solemnized with the petitioner. The said marriage was taken place by virtue of consent of both the petitioner and the deceased, but subsequently, the allegation of demand of dowry is there which resulted in her death.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68063 of 2023(2) dt.18-10-2023 2/2 petitioner is innocent and has committed no offence. He submits that the petitioner is not responsible for the death of the deceased nor he has done any act rather it is due to reactionary attitude of the deceased. He further submits that the antecedent of the petitioner is clean and he is in custody since 04.05.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is an offence under section 304 and the petitioner is the husband.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Cheria Bariarpur P.S. Case No. 280 of 2022, pending before the learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai is hereby rejected. (Dr. Anshuman, J.) Divyansh/- U T