Rakesh Chaurasiya @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76833 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rakesh Chaurasiya @ Rakesh kumar Son of Jang Bahadur Chaurasiya Village- Basmampur PS- Motihari Muffasil District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in case registered for the offence under Sections 304(B), 302, 201 /34 of the Indian Penal Code.

3. It is a case of 'Dowry Death'. The daughter of informant was married with petitioner in the year 2020 and it is alleged that all the accused persons including petitioner tortured her due to non-fulfillment of demand of Wagon-R car, in the form of dowry, and lastly, on 26.06.2024, the informant received an information that all the accused persons killed his daughter and disappeared her dead-body.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.76833 of 2024(6) dt.09-05-2025 2/2 case merely because he happens to be husband of the deceased. Informant is not eye-witness to the occurrence. Petitioner neither demanded any dowry nor committed any torture to the deceased. In fact, due to some family feud, the deceased got enraged and committed suicide by hanging and taking advantage of this situation, this false and concocted case has been filed. On the alleged date of occurrence, petitioner was not present in the house. Petitioner is in custody since 11.07.2024.

5. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific and direct allegation against him of committing torture and demanding dowry. Deceased died in an unnatural circumstances within seven years of marriage at her matrimonial home.

6. Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased and there is specific and direct allegation against him, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay U T