Md. Minnat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15037 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Md. Minnat SON OF MD. RAKIB RESIDENT OF VILLAGE- BELA PRASADI, PS- RUPAULI, DIST- PURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Rupauli P.S. Case No. 202 of 2023 for the offences punishable under Sections 302, 120B of the Indian Penal Code.
3. As per allegation, the marriage of the deceased was solemnized with the petitioner in the year 2012. After marriage, the petitioner and in-laws tortured her mentally and physically for dowry demand. Four children were born out of the wedlock of the couple, but the atrocities didn't stop. It has further been stated that the daughter of the informant, prior to this occurrence had lodged criminal case against the accused persons for inflicting atrocities. In the year 2017, the dispute was settled between them. Thereafter, the deceased came to her matrimonial
Patna High Court CR. MISC. No.15037 of 2024(8) dt.20-08-2024 2/3 house but again the accused persons started torturing her. On 01.08.2023, at about 05:00AM all the accused persons including the petitioner after hatching conspiracy committed murder of the daughter of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the postmortem report does not support the allegation. He has also submitted that no external injury was found on the person of the deceased and the cause of death as per opinion of the doctor is cardiac respiratory arrest, due to Myocardial infarction. He has next submitted that had the deceased been assaulted prior to her death, there must have been some external injuries on her person. He has further submitted that no any independent witness has been examined.
5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the postmortem report shows that both the cardiac chambers of the deceased were filled with clotted blood, which shows that she had suffered internal injuries which might not be visible on the external part of the body. He has further submitted that ten-yearold son of the deceased in paragraph no. 72 of the case diary has categorically stated that her parents used to quarrel frequently.
Patna High Court CR. MISC. No.15037 of 2024(8) dt.20-08-2024 3/3
6. From perusal of the FIR itself it appears that the deceased had lodged a case prior to the present occurrence against the petitioner and his family members for torturing her. In the year 2017, she again came to her matrimonial house after settlement of the earlier dispute but again the accused persons, as per allegation, inflicted atrocities on the deceased.
7. In my view, the petitioner does not deserve the privileges of bail, which is hereby rejected. (Nawneet Kumar Pandey, J) Nirmal/- U T