Patna High CourtCR. MISC./7449/2022rejected

Rampravesh Mistry v. The State Of Bihar

2022-08-17Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7449 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- ASHTHAWAN District- Nalanda ====================================================== RAMPRAVESH MISTRY S/o Siyaram Mistry @ Shivram Mistry R/o village- Akbarpur, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar,Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-08-2022 Order No.3 has inadvertently been typed in place of Order No.2 in the order dated 22.06.2022.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 498A, 304B/34 of IPC. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact the petitioner is husband of the deceased and it appears from the FIR that there is no specific allegation against the petitioner with regard

Patna High Court CR. MISC. No.7449 of 2022(3) dt.17-08-2022 2/2 to the demand of dowry. He further submits that the marriage performed in the year 2010 and Sections 498A and 304B IPC were not attracted against the petitioner and the petitioner is in custody since 31.08.2021.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the basis of the material available on the record and the case diary and submits that the allegation, as alleged in the FIR, confirmed in the postmortem report.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ashthawan P.S.Case No.165 of 2020 pending in the court of learned J.M. 1st Class, Nalanda.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T