← Library
Patna High CourtCR. MISC./67679/2022bail rejected

Prakash @ Om Prakash @ Prakash Prasad @ Om Prakash Prasad v. The State Of Bihar

2023-05-10Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67679 of 2022 Arising Out of PS. Case No.-234 Year-2020 Thana- GAURICHAK District- Patna ====================================================== PRAKASH @ OM PRAKASH @ PRAKASH PRASAD @ OM PRAKASH PRASAD S/O Late Gajadhar Prasad R/O Bibipur, P.S- Gaurichak, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard the parties.

Petitioner seeks regular bail in connection with Gaurichak PS Case No. 234 of 2020 dated 05-08-2020 registered under Section 304(B), 201, 498(A) / 34 of the IPC, Section 3 / 4 of the D.P. Act and under Section 13 of the Bhrun Death Act.

It is a case of dowry death and petitioner is the husband of the deceased, who has been killed by the petitioner as well as other members of the family due to non fulfillment of demand of dowry within five years of the marriage. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further

Patna High Court CR. MISC. No.67679 of 2022(4) dt.10-05-2023 2/2 submits that other relatives of the petitioner has been granted bail by this Court. The petitioner is in custody since 20.01.2022. I have heard learned counsel for the parties and have perused the impugned order. From perusal of the impugned order it transpires that Police after investigation found material against the petitioner and others and has submitted charge sheet. The cause of death has been opined by the doctor as strangulation. Within seven years of marriage the daughter of the informant was killed in her matrimonial home in suspicious condition. Accordingly, I am not inclined to grant regular bail to the petitioner at this stage.

The prayer of bail stands rejected.

However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress. (Anil Kumar Sinha, J) praful/- U T