Mohan Dev Nath Singh @ Mohan Deo Nath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8620 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- POTHIYA District- Kishanganj ====================================================== MOHAN DEV NATH SINGH @ MOHAN DEO NATH, S/O Harender Dev Nath Sinhg, R/O Village- Jungle Basti, P.S.- Pothiya, Dist. Kishanganj. ... ... Petitioner
Versus
1. The State of Bihar
2. Baharat Dev Nath, son of Narender Dev Nath, resident of Daspura, P.S. Chopra, Dist. Uttar Dinazpur (WB) ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Sinha For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Pothia P.S. Case No. 151 of 2018 registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
Allegation against the petitioner, who happens to be husband of the deceased, is of causing death of the deceased with respect to demand of of Rs.2 lac and FIR further disclosed that Rs.50,000/- was given to him but as the same was not sufficient to him she was assaulted by the petitioner and others and killed her and thrown her dead body in the bank of river. Submission of learned counsel for the petitioner is that there is general and omnibus allegation against him and due to mismatch of status of both the families, she left her
Patna High Court CR. MISC. No.8620 of 2019(4) dt.16-05-2019 2/2 matrimonial house and committed suicide.
Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail on the ground that the witnesses in several paragraphs of the case diary have stated that there was demand of Rs.2 lac by the accused persons and she was assaulted by them. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may move for regular bail, which shall be considered on its own merit.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T