Ranjit Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9344 of 2022 Arising Out of PS. Case No.-29 Year-2018 Thana- MARANCHI District- Patna ====================================================== Ranjit Mahto Son of Shankar Mahto Resident of Village - Maranchi , Gandhi Tola, P.s.- Maranchi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Kashyap, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Maranchi P.S. Case No. 29 of 2018 registered for the offence under Sections 341, 323, 307, 326, 498(A) and 304(B) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The accused/petitioner is named in the F.I.R. and is in custody since 22.08.2021.
The allegation against the petitioner is to cause death of daughter of the informant by putting her on fire after pouring kerosene oil, alongwith other co-accused persons/family members, due to non-fulfillment of demand of dowry, as raised
Patna High Court CR. MISC. No.9344 of 2022(4) dt.06-12-2022 2/3 for cash of Rs.1 Lakh.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not present at the time of occurrence, as he was in Delhi in connection with his medical treatment. It is submitted that the burn injuries was received due to accident, while victim was cooking. It is submitted that immediately after accident, the victim was brought to Mahatma Gandhi Hospital, Maranchi, from where her parents took the deceased to P.M.C.H, against the medical advice of the doctor, where she finally succumbed to the burn injuries. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that nothing surfaced during the course of investigation, which suggests that death was caused due to accidental fire. It is submitted that there is specific allegation against this petitioner, who is the husband of the deceased, to raise a demand of dowry for cash of Rs.1 Lakh.
Patna High Court CR. MISC. No.9344 of 2022(4) dt.06-12-2022 3/3 is in corroboration with post mortem report also. In view of the facts and circumstances, as death of wife of the petitioner was caused due to burn complications in his house, without suggesting any accident on its face, this Court is not inclined to grant bail to the petitioner, for the present.
Accordingly, the prayer of bail of the petitioner is rejected herewith.
However, learned Trial Court is directed to conclude the trial within a period of six (06) months from the date of receipt of a copy of this order, by taking it on board, on day to day basis, if required.
Senior Superintendent of Police, Patna is directed to produce all the chargesheeted witnesses, as and when directed by the learned Trial Court, so as to conclude the trial within the aforesaid time period, as directed above.
(Chandra Shekhar Jha, J) Ankit/- U T