Raju Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.18795 of 2017 (4) dt.20-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18795 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -BASOPATTI District- MADHUBANI ====================================================== Raju Mahto, son of Yogendra Mahto @ Upendra Mahto, resident of Village- Basopatti, P.S.- Basopatti, District- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 07.06.2016 in connection with Basopatti P.S. Case No. 81 of 2016 pending in the Court of Sri Ravi Shankar, learned Judicial Magistrate-cum- Munsif-I, Madhubani registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. The prosecution case is that the petitioner, who is the husband of the deceased, Gunja Kumari, has killed the deceased due to non-fulfilment of demand of dowry and tried to dispose of the dead body, but on information the informant, who is father of the deceased, came to Basopatti and saw the dead body of his daughter.

Patna High Court Cr.Misc. No.18795 of 2017 (4) dt.20-06-2017 It has been submitted by the learned counsel for the petitioner that he is innocent, there is general and omnibus allegation against the petitioner and his family members and all the witnesses supporting the prosecution case are relative of the deceased. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the cause of death as per postmortem report is asphyxia caused by throatling, hence, opposes the prayer for bail. Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U