Patna High Court - Orders

Om Prakash Bhagat vs The State Of Bihar on 5 September, 2024

Author:
Chandra Prakash Singh

Bench:
Chandra Prakash Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59932 of 2024
Arising Out of PS. Case No.-394 Year-2023 Thana- PIPRA District- East Champaran
======================================================
Om Prakash Bhagat Son of Deo Narayan Bhagat Village- Chak Bara, P.S.-
Pipra, District- East Champaran

... ... Petitioner/s
Versus
The State of Bihar

... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Adv
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER

2 05-09-2024
Heard learned counsel for the petitioner and learned

A.P.P for the State.

2. The petitioner has preferred this application for

grant of regular bail in connection with Pipra P.S. Case No. 394

of 2023 dated 29.12.2023 registered for the offence punishable

u/ss 304B read with 34 of the
Indian Penal Code
.

3. As per the prosecution case, the petitioner and the

co-accused persons are alleged to have strangulated the

informant's daughter to death due to non-fulfillment of demand

of Maruti Car (Wagon R) as dowry.

4. Learned counsel for the petitioner has submitted

that the petitioner is innocent and has falsely been implicated in

this case. The petitioner is the husband of the deceased. The
Patna High Court CR. MISC. No.59932 of 2024(2) dt.05-09-2024

2/2

petitioner neither demanded any dowry nor tortured the

deceased. The petitioner has clean antecedent as stated in para 3

of the bail petition. The petitioner is in custody since

08.01.2024. It is further submitted that the charge sheet has

already been submitted
u/s 304B
and
/
of the I.P.C against

the petitioner.

5. Learned A.P.P. for the State has vehemently

opposed the bail petition of the petitioner by submitting that the

petitioner is the husband of the deceased who committed murder

due to non-fulfillment of demand of dowry. As per the post-

mortem report stated in para 60 of the case diary, cause of death

is due to strangulation caused by ligature.

6. Considering the aforesaid facts and circumstances

of the case as well as the heinous nature of allegation against the

petitioner, this Court is not inclined to grant bail to the petitioner

and the same is rejected in connection with Pipra P.S. Case No.

394 of 2023 pending in the court of learned Chief Judicial

Magistrate, East Champaran, Motihari.

7. The application stands rejected.

(Chandra Prakash Singh, J)
Jyoti/-

U T