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Patna High CourtCR. MISC./2455/2019bail rejected

Vijay Kumar @ Vijay Singh v. The State Of Bihar

2019-03-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2455 of 2019 Arising Out of PS. Case No.-405 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Vijay Kumar @ Vijay Singh, Son of Harendra Singh @ Harendra Prasad, resident of village Gobarsahi Dumri Majhaulia Khetal, Ganga Nagar, Gali No. 1, Post - Dumri, P.S. Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Shukla For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner, who happens to be the husband of deceased and is languishing in jail custody since 13.6.2018, seeks bail in connection with Sadar P.S. Case No. 405 of 2018 registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

The postmortem report of deceased goes to show that, she sustained head injury and died on account of the aforesaid injury. The postmortem report, prima facie, corroborates that prior to her death, deceased was subjected to cruelty. So far as allegation of illegal demand is concerned, the informant has, specifically, stated that the petitioner was making illegal demand of dowry. Furthermore, it is admitted position that the deceased died within 7 years of marriage and, therefore, in the aforesaid

Patna High Court CR. MISC. No.2455 of 2019(4) dt.29-03-2019 2/2 circumstance, I do not think it proper to extend the privilege of bail to the petitioner.

Accordingly, prayer for bail of the petitioner is rejected (Hemant Kumar Srivastava, J) Spd/- U T