Samastipur v. The State of Bihar

The State of Bihar. Lalita Devi, W/O Ramurash Sahni, R/O Village- Madhurapur, Lakhraj, Rampur Dayal, P.S. Piyar, Dist. Muzaffarpur. ... ... Opposite Parties

====================================================== Appearance : For the Petitioner For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Kundan Kumar, Advocate Mr. Surendra Prasad Singh, A.P.P. : : 2 12-10-2023 Heard learned counsel for the petitioner and learned ORAL ORDER A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur Muffasil P.S. Case No. 252 of 2022 dated 11.06.2022 registered for the offence punishable under Sections 304B, 201, 120B/34 of the I.P.C.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed daughter of the informant due to non-fulfilment of demand of dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in Patna High Court CR. MISC. No.64826 of 2023(2) dt.12-10-2023 this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. It is submitted that the deceased was died due to snake bite when she went to attain call of nature out of her matrimonial house towards the brick-kiln but the informant’s brother-in-law and other villagers have given wrong information about the reason of death of her daughter and therefore, she has filed this false case against the husband and in-laws of the deceased. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 24.07.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and has submitted that the petitioner is the husband of the deceased and he alongwith other accused persons killed the informant’s daughter due to non-fulfilment of demand of dowry after marriage and cremated her dead body.

Considering the aforesaid facts and circumstances of the case as well as heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Samastipur Muffasil P.S. Case No. 252 of 2022, pending in the court of learned A.C.J.M.-II, Samastipur. Patna High Court CR. MISC. No.64826 of 2023(2) dt.12-10-2023

Accordingly, the application stands rejected.

Further, the learned trial court is directed to expedite the trial and conclude the same at the earliest. U.K./- U T (Chandra Prakash Singh, J)