Bhim Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86840 of 2024 Arising Out of PS. Case No.-314 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== Bhim Sardar S/o Tiran Sardar R/o vill - Bhokraha, ward no. 7, P.S. - Kumarkhand, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the State :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2025 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 304B and 34 of the IPC, registered in connection with Kumarkhand (Bhatni O.P.) P.S. Case No. 314 of 2023.

3. According to allegation, the marriage of the daughter of the informant was solemnized with the petitioner three months prior to the occurrence. For non-fulfilment of the dowry demand, the accused persons, including the petitioner (husband) committed dowry death of the deceased. The informant has mentioned in her fardbayan that the deceased was killed by putting a bamboo log on her throat and subsequently hanged her dead-body to depict it to be a case of suicide.

Patna High Court CR. MISC. No.86840 of 2024(7) dt.13-08-2025 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is although husband, but from perusal of the FIR it shows that the informant does not appear to be an eyewitness, whereas she described herself as an eye-witness to the occurrence. His further submission is that after knowing the real fact, the informant compromised the case with the accused persons. The petitioner is in custody since 04.04.2024.

5. The post mortem report shows that a ligature mark was found around the neck of the deceased. She died within three months of her marriage in her matrimonial home.

6. Considering the facts and circumstances and in view of the allegation, presently I am not inclined to grant the petitioner the privilege of bail, which is hereby rejected.

7. The learned court below shall take endeavour to conclude the trial within six months, failure of which the petitioner shall be at liberty to renew his prayer for bail. (Nawneet Kumar Pandey, J) HR/- U T