Dismissed¶18

Dinesh Kumar v. The State of Bihar

Patna HC1 Oct 2024CR. MISC./14112/2024

Case brief

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What is this about?

Dinesh Kumar v. The State of Bihar, Patna High Court, Criminal Miscellaneous No.14112 of 2024, decided 01-10-2024 by Hon'ble Mr. Justice Prabhat Kumar Singh. Keywords: bail rejected; apprehension of arrest; dowry death; Sections 304B/34 IPC; Indian Penal Code; unnatural death within seven years of marriage; in-laws house; asphyxia (post mortem, per State counsel); suicide contention (defence); P.S. Case No.-61/2023; Thana-Teterhat; District-Lakhisarai; marriage of 2018; A.P.P.

What did the court decide?

Considering that the petitioner is the husband of the deceased, who died in unnatural condition within seven years of marriage in her in-laws' house, the Court rejected the petitioner's prayer for bail. ¶18

Dinesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14112 of 2024

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Arising Out of PS. Case No.-61 Year-2023 Thana- TETERHAT District- Lakhisarai

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======================================================

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Dinesh Kumar Son of Anil Yadav Resident of Village- Jhinoura, P.S. Teterhat, District- Lakhisarai

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Versus

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The State of Bihar

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... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr.Tarun Prasad Mandal, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 01-10-2024

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Heard learned counsel for the petitioner and the State.

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Petitioner apprehends arrest in a case registered for

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the offence punishable under sections 304B/34 of the Indian Penal Code.

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It is a case of dowry death. Petitioner was married with younger sister of informant in 2018. Later on, petitioner and his family members started subjecting her to torture and harassment for non-fulfilment of demand of dowry and one day they killed her by pressing neck.

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Learned counsel appearing for the petitioner submits that the petitioner is husband of the deceased who committed suicide. As a matter of fact, petitioner was staying in NOIDA for earning his livelihood and victim was insisting to stay there. Petitioner was low paid employee and was unable to keep her with him due to which she became furious and

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Patna High Court CR. MISC. No.14112 of 2024(5) dt.01-10-2024 2/2

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committed suicide.

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Learned counsel for the State opposes the prayer for bail. He submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfilment of dowry demand. Post mortem report opines that deceased died of asphyxia.

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Considering the fact that the petitioner is husband of the deceased, who died in unnatural condition within seven years of marriage in her in-laws house, prayer for bail of the petitioner is rejected.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Dinesh Kumar v. The State of Bihar

Case brief

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Dinesh Kumar v. The State of Bihar

Case brief

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