Lalit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27660 of 2018 (5) dt.17-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27660 of 2018 Arising Out of PS.Case No. -753 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Lalit Kumar, Son of Ganeshi Mahto, Resident of Village Janki Nagar, P.S. Bathnaha, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 24.12.2017 seeks bail in Sitamarhi PS Case No. 753 of 2017 registered under Sections 304B/34 of the IPC.

The allegation in brief is that within three years of the marriage the petitioner killed his wife as demand of dowry was not fulfilled and it is alleged that only two days back bidai was done and thereafter she was killed and the dead body was thrown in the pond of the informant's village.

Learned Counsel for the petitioner submits that there is no eye witness of the fact that the petitioner had taken his wife two days back from the in-law's house, rather she was living in her parent's house and the dead body was recovered from the pond of the informant's village.

Whereas learned Counsel for the State submits that there is specific accusation that the petitioner killed his wife as demand of dowry was not fulfilled; only two days back he had taken his wife and thereafter the dead body was recovered.

Having considered the said facts and circumstances, as the petitioner is husband, presently the prayer for bail of the petitioner is rejected.

Snkumar/- (Arun Kumar, J) U T