Guddu Mahto @ Guddu Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10138 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Guddu Mahto @ Guddu Kumar Choudhary, S/o Binod Mahto, R/o Gausaghat, P.S.-Sadar, District-Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Darbhanga Sadar P.S. Case No.450 of 2017, a case under Sections 302/304/34 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Darbhanga.

Petitioner is husband of the victim lady, who died in unnatural circumstances by sustaining burn injuries within two years of marriage in her matrimonial house. There is allegation of demand of dowry and torture for the same against the petitioner soon before her death.

Submission of the learned counsel for the petitioner is that though the maternal family members of the deceased have

Patna High Court Cr.Misc. No.10138 of 2018 (3) dt.03-04-2018 P2/ supported the allegation of demand of dowry and torture for the same, the independent witnesses have stated that the victim caught fire while she was heating milk.

Considering the presumption of law against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T