Mithilesh Rai @ Mithilesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13744 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Mithilesh Rai @ Mithilesh Kumar Rai Son of Upendra Rai R/o Village- Bahsi Saidpur, P.S.- Jandaha, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. As per the prosecution case, this petitioner along with other accused persons killed the daughter of the informant by strangulation, due to non-fulfillment of dowry.
4. Learned counsel for the petitioner submits that petitioner happens to be husband of the deceased and he has falsely been implicated in this case merely on suspicion. As a matter of fact, the deceased locked herself up in the room and when the petitioner broke the door, he found that she had committed suicide and as such, entire prosecution case is false and concocted.
Patna High Court CR. MISC. No.13744 of 2024(3) dt.01-05-2024 2/2
5. Learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is named in the F.I.R. and there is specific allegation against him that he along with other accused persons killed the deceased by strangulation. Moreover, cause of death is found to be manual strangulation.
6. Considering the nature of accusation and the fact that petitioner is husband of the deceased, who died within seven years of marriage in unnatural circumstances in her matrimonial house, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T