Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86584 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- KACCHWA District- Rohtas ====================================================== Abhishek Kumar Son of Rakesh Kumar @ Rakesh Paswan Resident of Village- Sabari, P.S.- Kachhawan, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kachhwan P.S. Case No. 182 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for
Patna High Court CR. MISC. No.86584 of 2024(3) dt.18-03-2025 2/3 the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.10.2024 and has no criminal antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that petitioner is the husband of the deceased and on perusal of the FIR it is evident that there is direct allegation against the petitioner for demand of dowry and commission of murder of the deceased for non-fulfillment of the said demand. Learned APP further submitted that as per post-mortem report, deceased died due to asphyxia caused by strangulation. He further submitted that police after investigation submitted charge-sheet only against the petitioner under Sections 304B/302 of the IPC. Learned APP, therefore, prays that petitioner may not be released on bail.
6. Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner as per FIR and the nature and gravity of offence, this Court is not inclined to grant bail to the petitioner at this stage.
Patna High Court CR. MISC. No.86584 of 2024(3) dt.18-03-2025 3/3
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T