Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65023 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== ASHOK KUMAR S/o Gorakh Thakur R/v- Srikhindi, P.S.- Sugauli, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 323, 324, 379, 498(A), 304(B), 120(B), 420, 504, 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

As per prosecution case, daughter of the complainant/ informant was married to petitioner as per Hindu rites on 22.01.2020 and after the marriage, the in-laws members started demanding a car worth Rs. 5,00,000/- as dowry and due to nonfulfillment of the same, they started cruelty with daughter of informant. On 03.12.2021, it is alleged that this petitioner alongwith other co-accused killed the daughter of informant and threw her dead-body in a river and on 15.01.2022, when informant/complainant went to the matrimonial home of his daughter, he got said information leading to institution of complaint petition.

Patna High Court CR. MISC. No.65023 of 2022(3) dt.13-07-2023 2/2 It is submitted on behalf of petitioner that there is inordinate delay of 15 days in filing the complaint case and there is no plausible explanation of delay. As a matter of fact, the deceased committed suicide.

However, learned A.P.P. for the State vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and there is specific allegation of demand of dowry against him and his family members. The deceased died within seven years of marriage at her matrimonial house in an unnatural circumstances.

Considering the nature and gravity of the offence and the fact that petitioner is husband of the deceased and there is specific allegation of demand of dowry against him, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T