Amit Kumar @ Sumit Kumar @ Sumit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80845 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- Kharagpur District- Munger ====================================================== Amit Kumar @ Sumit Kumar @ Sumit Raj Son of Suresh Yadav Resident of Village- Laliyadih, P.S.- Haveli Khargapur (O.P. Shampur), District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C.Verma, Sr.Adv.

Mr. Rabindra Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2025 Heard learned senior 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)/498A/504/506/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

3. It is a case of 'Dowry Death'. As per prosecution case, daughter of informant was married with this petitioner on 16.02.2022 and after the marriage, she was subjected to torture physically and mentally due to non-fulfillment of demand of dowry and ultimately, on 02.01.2024, all the F.I.R. named accused persons including this petitioner committed her murder.

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

Patna High Court CR. MISC. No.80845 of 2024(4) dt.04-07-2025 2/2 case merely because he happens to be husband of the deceased. There is no eye-witness to the occurrence. Petitioner neither demanded any dowry nor committed any torture to the deceased. In fact, the deceased herself committed suicide by hanging, as she was a mental patient and was under-going treatment at K.K.M. Seva Sadan, Jamui. Petitioner is not responsible for death of deceased and is in custody since 08.05.2024.

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. Post-mortem also supports the prosecution case. Deceased has 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, the prayer for bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay U T