Rajendra Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11179 of 2019 Arising Out of PS. Case No.-222 Year-2017 Thana- DARAUNDA District- Siwan ====================================================== Rajendra Mahato Son of Ramdas Mahato Resident of Village - Chherahi (Jai Prakash Nagar), P.S.- Daraunda, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code in connection with Daraunda P.S. Case No. 222 of 2017. Petitioner is husband of the victim of dowry death. Wife of the petitioner died within a year of her marriage in her matrimonial house in unnatural circumstance.

Allegation is of demand of Rs. 25,000/- and a gold chain and for non-fulfillment of the same torture to the victim. Other witnesses have also supported the allegation of demand and torture.

Submission is that there is no eye-witness of the occurrence nor any complain of dowry demand was ever made

Patna High Court CR. MISC. No.11179 of 2019(3) dt.06-05-2019 2/2 before the death of the victim.

Considering the entire facts and presumption of commission of dowry death, I am not inclined to enlarge the petitioner on bail. Hence, his prayer for bail is refused. Learned trial Court is directed to expedite the trial. (Birendra Kumar, J) Banti/Rajan U T