Pawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15604 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== Pawan Mandal aged about 25 years, Male, S/O Shyamlal Mandal R/O Kursela, P.S. - Kadwa, District - katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataur Rahman For the Opposite Party/s :

Smt. Anita Kumari Singh A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

06-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Azamnagar P.S. Case No. 116 of 2020, registered for the offence under Sections 498(A), 307 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and later on, Sections 326, 435 and 302 of the Indian Penal Code was added.

As per the prosecution case, this petitioner, who is husband of the deceased (daughter of the informant), is alleged to have killed his wife by pouring petrol on her body and set her on fire.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. In fact, the informant was not happy with the marriage of his daughter, as it was love-

Patna High Court CR. MISC. No.15604 of 2021(2) dt.06-07-2021 2/2 marriage, and the deceased has died in her Maika and there is no allegation of any demand of dowry. It is further submitted that after being cured, the victim (deceased) was discharged from hospital on 12.06.2020, but she died at her Maika on 29.06.2020 due to infection in the body. Petitioner is in custody since 04.06.2020.

However, learned A.P.P. for the State vehemently opposed the bail petition and submitted that there is specific allegation against the petitioner of committing the murder of deceased by pouring petrol and setting her on fire. Considering the aforesaid facts and circumstances as well as specific allegation against the petitioner, who is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J.) anay U T