Patna High CourtCR. MISC./75991/2023bail rejected

Umesh Kumar v. The State Of Bihar

2024-04-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75991 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== UMESH KUMAR SON OF LATE YAMUNA PRASAD RESIDENT OF VILLAGE - PADARIYA, POLICE STATION - NARDIGANJ, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Adv, For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Nardiganj P.S. Case No. 255 of 2023 dated 12.07.2023 registered for the offence/s punishable u/s 302 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased and he neither demanded any dowry nor tortured the deceased. The

Patna High Court CR. MISC. No.75991 of 2023(3) dt.08-04-2024 2/2 petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner and submitted that the petitioner is the husband of the deceased and he used to torture the deceased due to non-fulfillment of dowry.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T