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Patna High CourtCR. MISC./73766/2022dismissed

Akhilesh Kumar v. The State Of Bihar

2023-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73766 of 2022 Arising Out of PS. Case No.-279 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== AKHILESH KUMAR S/O Uttam Kumar Saw @ Nutan Kumar Saw R/O Village- Rampur, Bhawani Tola, P.S- Maner, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajendra Kumar Gupta S/O Kamta Prasad Gupta R/O Mohalla- Rajeev Nagar, Road No- 8-B, P.S- Rajeev Nagar, P.S- Rajeev Nagar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304(B) of the Indian Penal Code.

Allegedly, petitioner, along with his family members, tortured the informant's daughter physically and mentally. They also ousted her from her matrimonial home. They used to threaten the informant's daughter over dowry demand even in her Maika due to which she came under depression and committed suicide.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.73766 of 2022(2) dt.23-03-2023 2/2 petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the alleged occurrence took place in the house of the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of case, as the petitioner and his family members tortured her over the dowry demand and due to which she committed suicide, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T