Amod Kumar @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73029 of 2023 Arising Out of PS. Case No.-255 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Amod Kumar @ Arun Kumar S/O Sita Ram Singh R/O Village- Bishanpur Bejha, P.S- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mahua P.S. Case No. 255 of 2022 registered for the offence under Section (304 B) and 120(B)/34 IPC.

3. The informant got his daughter Sadhna Kumari married with petitioner on 19.11.2021. After some time her in-laws started demanding Rs. 5/- lakh. On 19.4.2022 he got information on phone that his daughter has committed suicide.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The deceased was suffering from mental problem and under under treatment before marriage and after marriage due to frustration the deceased committed suicide. There was no demand of dowry

Patna High Court CR. MISC. No.73029 of 2023(4) dt.17-02-2024 2/2 by the petitioner and other family members. The FIR was lodged by the informant with ulterior motive. In the post mortem report cause of death has been disclosed as C/R failure. Both the parties have entered into a compromise.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Having heard learned counsel for the parties, perused the FIR, bail petition, supplementary affidavit, case diary and deposition of the prosecution witnesses, it appears that the daughter of the informant found dead in the house of the petitioner and the case is under Sections 304(B) and 120(B) IPC and death occurred within a period of one year from marriage, the trial is going on, certain witnesses have been examined and the petitioner being husband, the court is not inclined to grant bail to the petitioner. The prayer is rejected.

7. However, the trial court is directed to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) saurabhkr/- U T