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Patna High CourtCR. MISC./44636/2018dismissed

Hasebur @ Hasebul v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44636 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -KODHOBARI District- KISANGANJ ======================================================

1. Hasebur @ Hasebul Son of Abdul Gaffar@ Gaffar Resident of VillageHasnabad Laxmipur, Police Station- Kodhobari, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 The petitioner is in custody since 19.09.2017 in connection with Kodhobari P.S. Case No. 23 of 2017, registered for offences punishable under Sections 304B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Petitioner happens to be the husband of the deceased and allegation against the petitioner is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioner that no specific allegation has been attributed to the petitioner rather only general and omnibus allegation has been levelled and he has been made accused only on the basis of suspicion and has been in judicial custody since 19.09.2017.

Learned counsel for the State opposed the prayer for bail

Patna High Court Cr.Misc. No.44636 of 2018 (3) dt.05-09-2018 2/2 on the ground that the death of the deceased has been caused within seven years of her marriage and petitioner being husband of the deceased, has to explain the death of the deceased. Moreover, there is allegation of demand of dowry and torture against the petitioner.

Considering the aforementioned facts and circumstances and the nature of accusation, I am not inclined to enlarge the petitioner on bail. This application is, accordingly, dismissed. (Vinod Kumar Sinha, J) sunil/- U T