Guddu Kevat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64119 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== GUDDU KEVAT Son of Anil Kevat Resident of Village - Dhanawan, P.S.- Parwalpur, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Islampur P.S. Case No. 107 of 2019 corresponding to Sessions Trial No. 312 of 2019, registered for the offence punishable under Section 304B of the Indian Penal Code.
As per the prosecution case, marriage of the daughter of informant was solemnized with the petitioner six months ago. After marriage, it is alleged that this petitioner along with other co-accused subjected the daughter of informant to torture and cruelty for dowry. It is further alleged that 2 to 3 months ago petitioner assaulted her and ousted her from matrimonial home.
Patna High Court CR. MISC. No.64119 of 2019(7) dt.12-04-2021 2/3 It is further alleged that on 21.03.2019 at 9.00 pm, petitioner came at the house of informant and after taking dinner slept with the informant's daughter. On the next morning, daughter of the informant was found lying dead and this petitioner was not present there.
Counsel for petitioner submits that petitioner who happens to be the husband of deceased has been falsely implicated in this case and he never demanded any dowry or subjected the deceased to torture. Rather there was love affair between the petitioner and the deceased and they solemnized love marriage. It is further submitted that during course of investigation, none of the witnesses have supported the prosecution case. In fact, the deceased committed suicide and in support of the same, he refers to postmortem report and submits that no internal or external injury has been found on the person of deceased. Petitioner is in custody since 22.03.2019 having no criminal antecedent.
Learned APP however, vehemently opposes the prayer for bail and submits that there is specific allegation against this petitioner that due to non-fulfillment of demand of dowry the deceased was subjected to torture and the accused persons ousted her from matrimonial house and on 21.03.2019 this
Patna High Court CR. MISC. No.64119 of 2019(7) dt.12-04-2021 3/3 petitioner, committed murder of the deceased and fled away. Postmortem report also reveals that cause of death is asphyxia due to strangulation.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T