Rajkumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20428 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- BAUNSI District- Banka ====================================================== Rajkumar Mandal Son Of Manohar Mandal Resident Of Village Bhikha, Police Station Bounsi, Distrcit Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr. Iftekhar Mahmood A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

14-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Bounsi P.S. Case No. 201 of 2020, registered for the offence under Section 302/34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant was married with the petitioner in the year 2010 and it is alleged that this petitioner alongwith other accused persons used to torture the deceased for dowry and lastly, on 10.08.2020, all the accused persons killed the sister of the informant by pressing her neck.

It is submitted that petitioner happens to be husband of the deceased and there is general and omnibus allegation. There is no specific allegation of demand of dowry against this petitioner. It is further submitted that out of the wedlock, two

Patna High Court CR. MISC. No.20428 of 2021(2) dt.14-07-2021 2/2 children have been born. There is no eye-witness to the occurrence and entire allegation is based on mere suspicion. In fact, the deceased herself committed suicide by hanging, as she was short-tampered lady. Petitioner is in custody since 24.11.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry and due to non-fulfillment of the same, this petitioner alongwith other FIR named accused persons committed the murder of the deceased. Considering the nature and gravity of offence as well as the fact that petitioner is husband of the deceased and there is specific allegation against him, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T