IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33806 of 2010
NAVEEN KUMAR SON OF SHRI SHANKAR SAH,
PERMANENT RESIDENT OF VILLAGE- CHANDPURA, P.S.- NEEMA
CHANDPURA, DISTRICT- BEGUSARAI
Versus
STATE OF BIHAR
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2 22/09/2010 Heard Mr. Rama Kant Sharma, the learned
Senior Counsel appearing on behalf of the petitioner
and learned APP for the State.
Earlier prayer for bail of the petitioner was
rejected twice. He is an accused of a case registered
under Sections 498 A, 304 B/34 of the Indian Penal
Code. His Special Leave to Appeal (Crl.) No. (s) 1148 of
2009 was dismissed at not pressed before the Hon’ble
Supreme Court.
The informant Santosh Kumar has married
his daughter on 19.11.2003 with the petitioner. Out of
that wedlock two issues- a son and a daughter aged 3
and 2 years respectively were born. Allegation is that
after marriage the petitioner and other family members
were torturing the informant’s daughter in connection
with demand of additional dowry. Ultimately she was
killed on account of her failure to bring the desired
dowry articles.
Submission is that the marriage was not
arranged so there was no question of demand of dowry,
2
because dowry is demanded only in cases of arranged
marriages. It is further submitted that the petitioner is
in custody since 14.12.2007 and for five months he
was granted provisional bail for treatment of his ailing
father and during the period of provisional bail he has
not misused the privilege of bail.
The petitioner is the husband of the deceased
in a case registered under Section 304 B of the Indian
Penal Code. There is specific allegation against him that
he being the husband connived with other family
members and in that connivance the victim was
tortured and ultimately eliminated. The elimination was
only because of her failure to bring the desired articles
by way of additional dowry.
Considering the allegation, I see no reason to
take a different view from the earlier. Accordingly,
prayer for bail of the petitioner is again rejected.
(Shyam Kishore Sharma, J.)
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