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Patna High CourtCR. MISC./73547/2023bail rejected

Sikandar Tanti @ Sikandar Kumar Tanti v. The State Of Bihar

2024-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73547 of 2023 Arising Out of PS. Case No.-100 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== SIKANDAR TANTI @ SIKANDAR KUMAR TANTI Son of Ram Bahadur Tanti Resident of Village - Mahdauli, P.S.- Bhagwanpur, Distt.- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party :

Mr.Madan Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 304B/302/201/34 of the Indian Penal Code.

3. It is a case of dowry death.

4. Learned counsel appearing for the petitioner, while denying the allegations of demand of dowry and murder of informant's daughter, submits that the petitioner is husband of the deceased. Marriage had been solemnized in 2013 but as there was no child, victim was in depression. On 23.5.2022, when she was alone in the house with old grand mother-in-law, she tried to commit suicide by burning herself. She was shifted to the hospital where she succumbed to the injuries on 30.5.2022. Her parents also visited the hospital and they also took part in cremation. F.I.R. has been lodged after delay of 9 days of the incident of burning without any explanation which renders the entire prosecution case doubtful. Petitioner is in custody since 27.7.2023.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.73547 of 2023(6) dt.26-04-2024 2/2 for bail. He submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfilment of dowry demand.

6. Considering the fact that the petitioner is husband of the deceased, who died in unnatural condition in her in-laws house, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T