Dayanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65196 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- KASMA District- Aurangabad ====================================================== Dayanand Kumar Son of Ram Pravesh Yadav Resident of Village - Math Parariya, P.S.- Kasma, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kasma P.S. Case No. 9 of 2023 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code. As per allegation in the FIR, petitioner along with his family members used to torture in various ways to the daughter of the informant due to non-fulfillment of additional dowry demand and ultimately, she was burnt to death after putting kerosine oil on her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the

Patna High Court CR. MISC. No.65196 of 2023(3) dt.20-12-2023 2/3 deceased and has been falsely implicated in this case. In fact, deceased died in accidental fire during cooking. Petitioner accompanied the victim(deceased) to the hospital during treatment. He had never demanded any thing from the deceased and her family members. Informant had given a petition to the court of Judicial magistrate 1st Class, Aurangabad disclosing the fact that deceased died in accidental fire and no one is responsible for her death. It is also mentioned in the said petition that prior to the alleged occurrence, she has not made any complain against any family member of her matrimonial home. Petitioner is in custody since 15.7.2023.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that as per postmortem report, deceased died due to asphyxia Shock due to burn injuries. Doctor also disclosed that smell of kerosine oil was present over the body and her cloths. During investigation, several witnesses have supported the prosecution story. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his

Patna High Court CR. MISC. No.65196 of 2023(3) dt.20-12-2023 3/3 prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U