Ratan Kumar Mahto @ Ratan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8302 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== RATAN KUMAR MAHTO @ RATAN KUMAR Son of Ganesh Lal Mahto Resident of Village- Koiri Basti, Lahra Chowk, P.S.- Kishanganj, DistrictKishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Renu Kumari For the Informant :

Mr. Vimal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 304B read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have tortured and strangulated the niece of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 23.07.2021. The petitioner is the husband of the deceased. Learned counsel for the petitioner has further submitted that four prosecution witnesses have already been examined including the informant and doctor. He has further submitted that the post-mortem report does not support the case of the prosecution.

Learned counsel for the state as well as learned counsel for the informant has opposed the prayer of bail by submitting that the petitioner committed murder within three months from date of the marriage due to non-fulfillment of demand of dowry.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner, above named, on bail. Learned trial Court is directed to expedite the trial and conclude the same preferably within six months. The bail application is rejected.

(Chandra Prakash Singh, J) shobhakri/- U T