Dharmendra Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38031 of 2025

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Arising Out of PS. Case No.-156 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur

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

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Dharmendra Kumar son of Sri Shankar Mahto village - vishanpur Bandey, Ward no. 41, Ps- Muffasil, Dist- Samastipur

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... ... Petitioner/s

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Versus

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The State of Bihar bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vaishnavi Singh, Advocate For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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3 02-09-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code.

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3. The case of the prosecution is that the petitioner was married to the daughter of the informant, namely, Chandni Kumari on 11.06.2015. It is alleged that she was subjected to cruelty on account of non-fulfillment of demand of Rs. 2,00,000/-. On 18.04.2024, the informant had talked to his daughter and at about 1:00 P.M. on the same day, he received information that his daughter had been assaulted and killed. Thereafter, when the went to the matrimonial house of the

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Patna High Court CR. MISC. No.38031 of 2025(3) dt.02-09-2025 2/3

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deceased, he found her body lying on the ‘ baranda ’. The informant believes that the in-laws of her family killed her on account of non-fulfillment of demand of dowry. Hence, the present case.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that although the case has been registered under Section 304B of the Indian Penal Code but from perusal of the FIR itself, it is clear that more than seven years had already lapsed after the marriage and as such, provision of section 304B of the Indian Penal Code is not attracted. At best, it may fall under Section 302 of the Indian Penal Code. It is further submitted that from a perusal of the paragraph-2 of the case diary, which contains the inquest report, it transpires that in Coloum – 9, the reason of death has been recorded as illness. It is also submitted that during the course of investigation, the witnesses, as recorded at paragraph nos. 75 and 76 of the case diary, have consistently stated that the deceased was suffering from illness. From perusal of the postmortem report also, it transpires that though the doctors noticed bruises and swelling was given at that time; rather, the viscera was preserved for chemical examination. Moreover, the

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Patna High Court CR. MISC. No.38031 of 2025(3) dt.02-09-2025 3/3

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petitioner is languishing in judicial custody since 25.10.2024 having no criminal antecedent.

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5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the deceased died in the matrimonial house and that the petitioner being her husband, bore a moral responsibility to look after her.

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6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Muffasil P.S. Case No. 156 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Additional District and Sessions Judge – IV, Samastipur.

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(Ashok Kumar Pandey, J)

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Jagdish/-

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U T

Dharmendra Kumar v. The State of Bihar

Case brief

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Dharmendra Kumar v. The State of Bihar

Case brief

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