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Patna High CourtCR. MISC./72364/2022bail rejected

Kaila @ Hasim v. The State Of Bihar

2023-04-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72364 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- SIKTI District- Araria ====================================================== Kaila @ Hasim Son of Late Kalchu R/v- Gadahkat, Ward No. 8, P.S.- Sikty, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2023 Heard both parties.

The petitioner apprehends his arrest in Sikty P.S. Case No. 81 of 2022, registered for the offences punishable under Sections 304(B), 201, 120(B) of the Indian Penal Code. As per the prosecution case, marriage of informant's daughter was solemnized with petitioner six years ago. After marriage all the accused persons including this petitioner started demanding dowry. It is further alleged that the accused persons committed murder of informant's daughter due to nonfulfillment of demand of dowry. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such occurrence has ever taken place and there was no demand of

Patna High Court CR. MISC. No.72364 of 2022(2) dt.06-04-2023 2/2 dowry by the petitioner. In fact, deceased slipped on Handpump and sustained injuries and died due to excessive bleeding. There is general and omnibus allegation.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T