Narendra Mahto @ Shyambabu Mahto @ Narendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10454 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- BELA District- Sitamarhi ====================================================== Narendra Mahto @ Shyambabu Mahto @ Narendra Kumar Singh, Son of Ram Chandra Mahto @ Ram Rekha Mahto Resident of Village-Lohasi, P.S.- Belsand, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 120(B), 201, 498A, 379 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.11.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. From perusal of paragraph nos. 9,

Patna High Court CR. MISC. No.10454 of 2019(3) dt.08-04-2019 2/2 10, 11 and 12 of the case diary, it is evident that the alleged occurrence is said to have taken place in the naihar of the deceased. The petitioner has falsely been implicated in the present case. The date of death of the deceased is not consistent as per the prosecution case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is husband of the deceased. The onus is on him to explain the cause of death of the deceased. Paragraph 31 of the case diary supports the prosecution case.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to expedite the trial. (Sudhir Singh, J) Pankaj/- U T