Monu Thakur @ Vishnujeet Kumar @ Vishwajeet Kumar @ Vishwajeet Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72305 of 2022 Arising Out of PS. Case No.-680 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MONU THAKUR @ VISHNUJEET KUMAR @ VISHWAJEET KUMAR @ VISHWAJEET KUMAR THAKUR S/O RamNaresh Thakur R/O VillageHamidpur, P.S- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Smita Kumari For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Sections 304(B), 201, 34 of the Indian Penal Code.
It is a case of dowry death. The informant, in the F.I.R., has alleged that this petitioner alongwith other coaccused committed murder of her daughter due to nonfulfillment of demand of dowry. Petitioner is husband of the deceased.
It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. There is general and omnibus allegation of commission of torture and demand of dowry. In fact, daughter of informant died of her natural death due to some ailments, for which, U.D. Case No. 14 of 2017 was registered, but later on, in order to extract money, the informant
Patna High Court CR. MISC. No.72305 of 2022(4) dt.06-07-2023 2/2 has lodged present case against petitioner and his family members after a delay of more than three months However, learned A.P.P. for the State vehemently opposes the prayer for bail and submits that petitioner is husband of the deceased and there is specific allegation of demand of dowry and commission of torture against him and his family members. The deceased died within seven years of marriage at her matrimonial house in an unnatural circumstances.
Considering the nature and gravity of the offence and the fact that petitioner is husband of the deceased and there is specific allegation of demand of dowry, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected.
(Prabhat Kumar Singh, J) anay/- U T