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Patna High CourtCR. MISC./6979/2019rejected

Santosh Kumar @ Santosh Mahto And ANR v. The State Of Bihar

2019-04-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6979 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- AURAI District- Muzaffarpur ====================================================== 1.

Santosh Kumar @ Santosh Mahto, aged about 25 years, (Male) Son ofVishnu Mahto Resident of village- Babhangama, P.S.-Aurai, DistrictMuzaffarpur. 2.

Most. Shanti Devi, aged about 74 years, (Female) Wife of- Late Upendra Mahto Resident of village- Baradih, Dhanaur, Sonepur, P.S.-Katra, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pradeep Kumar Sinha, Adv For the Opposite Party/s :

Mr.Manoj Kumar 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. The death was caused, just after year of marriage, in unnatural circumstances. The allegation is of demand of dowry and torture for the same. The brother and other family members of the deceased supported the allegation of demand of motorcycle and torture for the same.

Submission of the learned counsel for the

Patna High Court CR. MISC. No.6979 of 2019(3) dt.19-04-2019 2/2 petitioner is that one of the sisters of the deceased is married in the same village and she has stated before the police that victim disclosed that her husband is carrying illicit relation with another lady and she was feeling tortured for that and for that reason she might have committed suicide.

Considering the nature of allegation against the petitioners and presumption of law, I am not inclined to enlarge them on bail in connection with S.T.No.726 of 2017 arising out of Aurai (Muzaffarpur) P.S.Case No.61 of 2018 pending in the court of learned 1st Additional Sessions Judge, Muzaffarpur. Hence, prayer is refused.

Petitioner is in custody since last one year, hence, the learned Trial Court is directed to expedite the trial. (Birendra Kumar, J) Nitesh/- U T