Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11474 of 2024 Arising Out of PS. Case No.-60 Year-2020 Thana- TELHARA District- Nalanda ====================================================== Mantu Kumar Son Of Raj Ballabh Yadav @ Raj Ballam Yadav Resident Of Village- Chhajjupur, Ps- Telhara, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Sections 304(B)/34 of the Indian Penal Code.

3. It is a case of 'Dowry Death'. Daughter of the informant was married with this petitioner in the year 2019 and some time after the marriage, this petitioner alongwith other family members demanded Rs. four lacs cash by way of dowry and upon denial, the daughter of the informant was subjected to cruelty & harassment and thereafter, in the night of 17.05.2020, all the accused persons including petitioner committed the murder of daughter of informant by poisoning.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely

Patna High Court CR. MISC. No.11474 of 2024(4) dt.12-07-2024 2/3 because he happens to be husband of the deceased. From perusal of an F.I.R., vide Telhara P.S. Case No. 147 of 2019, lodged by the same informant (i.e. before marriage of deceased with petitioner), in which, informant has alleged that marriage of deceased was fixed with petitioner, but when deceased went to the market, petitioner forcibly put vermilion on her head and when brother of deceased came and objected, he was also assaulted by petitioner and others. Learned counsel further submits that as a matter of fact, petitioner neither solemnized any marriage with the deceased nor demanded any dowry, but the informant, only with a view to grab the property of petitioner, has lodged the present case.

5. However, learned A.P.P. for the State vehemently opposes the prayer for bail and submits that petitioner is husband of deceased and there is specific and direct allegation against this petitioner that he alongwith other co-accused persons killed the daughter of the informant due to nonfulfillment of demand of dowry. The deceased died an unnatural death within seven years of marriage in the matrimonial house. As per viscera report, cause of death was due to poisoning and Celphos, which is highly poisonous, was also detected in the body of deceased.

Patna High Court CR. MISC. No.11474 of 2024(4) dt.12-07-2024 3/3

6. Considering the aforesaid facts and circumstances, the prayer for bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T