Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72888 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- TEKARI District- Gaya ====================================================== RAKESH KUMAR Son of Karu Mistri Resident of Village - Jolha Bigha, P.S.- Tekari, Distt - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the State.

The petitioner, being the husband of the victim, is apprehending arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report of Prabhu Mistri submitted before the Station House Officer, Tekari Police Station is to the effect that the daughter of the informant was married with the petitioner about six years prior to the lodging of the present case, but on 20.06.2014, the informant came to know that his daughter has been killed. There is accusation of making demand of dowry of Rupees Two Lacs by the accused persons, including the petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.72888 of 2019(3) dt.06-03-2020 2/2 that the victim herself committed suicide when the petitioner tried to save her he got badly injured. Hence, it cannot be said to be a case of dowry death. Moreover, demand of dowry after six years of marriage appears to be unreasonable. It is submitted by learned counsel for the informant that the victim was killed for non-fulfillment of dowry demand.

Considering the nature of accusation and the thrust of accusation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks, in connection with Tekari P.S. Case No. 203 of 2019, pending before the learned ACJM-VI, Gaya.

With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T