Bhola @ Vikky Kumar Soni @ Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71817 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- LAUKARIA District- West Champaran ====================================================== BHOLA @ VIKKY KUMAR SONI @ BHOLA KUMAR S/o Raghaw Sah @ Ragho Sah R/v- semara, Ghusukpur, P.S.- Laukariya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Laukariya P.S. Case No. 85 of 2022, registered for the offences punishable under Sections 304B/34 of Indian Penal Code.
The informant of this case Neera Devi is the mother of the deceased. As per allegation, three years prior to the occurrence the marriage of her daughter was solemnized with the petitioner. The accused persons due to non-fulfillment of demand of a motorcycle strangulated the daughter of the informant and she died. The learned counsel for the petitioner has submitted that the FIR shows itself that the demand of dowry was not made soon before the death of the deceased neither the petitioner attempted
Patna High Court CR. MISC. No.71817 of 2022(3) dt.20-04-2023 2/2 to flee away from the clutches of the prosecution and the conduct of the petitioner shows his innocence.
On the other hand, the learned APP has opposed the prayer for bail and submitted that for non-fulfillment of dowry demand of motorcycle, the deceased was done to death within 3 years of her marriage. The petitioner is husband and he is responsible for demand of a motorcycle and committing cruelty on the deceased. Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privilege for bail. Accordingly, it is rejected.
The learned court below shall take every endeavor to conclude the trial within a period of nine months. (Nawneet Kumar Pandey, J) SONALI/Sudha U T