Manoj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16388 of 2023 Arising Out of PS. Case No.-135 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== MANOJ DAS Son of Late Babaji Das Resident of village - Musachak, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in case registered for the offences punishable under Sections 328/302/34 of the Indian Penal Code.
Prosecution's case, in brief, is that on 23.4.2020 informant's daughter Amrita Kumari had gone to attend call of nature in the evening and when she did not return till 9 pm he started searching her. In the meantime, she returned to home. Her condition was not well and she told that the petitioner along with other co-accused persons forcibly administered something to her due to which she became unconscious. The victim was taken to the SKMCH, Muzaffarpur where doctor declared her dead at about 8 am on 23.4.2020.
Patna High Court CR. MISC. No.16388 of 2023(4) dt.27-06-2023 2/2 Learned counsel for the petitioner submits that it is case of honour killing in which the informant has killed both Amrita Kumari and Mintu Kumar. One of the co-accused has also filed Minapur Police Station Case No. 134/2020 for killing his son Mintu Kumar against the informant and his family. There is no eye witness to the occurrence and petitioner has been made accused only on the basis of suspicion. Learned counsel for the State opposes the prayer for bail and submits that the victim in her dying declaration alleged that this petitioner along with other accused persons administered poison and as a result of which, she died. In the inquest, police has found froth coming from the mouth of the deceased.
In the facts of the case as well as considering the nature of allegation, prayer for bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T