Ganesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41121 of 2017 Arising Out of PS.Case No. -258 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Ganesh Mandal Son of Kallar Mandal Resident of Village- Santnagar Fulkiya, P.S. Ghogha, District- Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Jha, Adv. For the State : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

According to F.I.R. victim Amrita Devi was married with this petitioner about two months prior to her unnatural death.

Allegation is that there was demand for dowry and on non-fulfillment of the same, death for dowry was committed of Amrita Devi. The case diary would reveal that other witnesses have also supported the allegation of demand of dowry and torture for same. The postmortem report reveals that the Doctor has found antemortem injuries on the person

Patna High Court Cr.Misc. No.41121 of 2017 (3) dt.11-10-2017 of the deceased caused by hard and blunt force. The death was due to haemorrhage and shock.

Submission of the learned counsel for the petitioner is that in fact Amrita Devi was physically challenged from her leg, she had gone to attend call of nature on the railway track where she met with an accident and died of that. Other witnesses have also stated that when the maternal family members of Amrita Devi started quarreling with the petitioner and others, the villagers came and pacified the matter.

Considering the fact that the victim died within few months of her marriage in unnatural circumstances and there is allegation of demand of dowry and torture for the same, I am not inclined to enlarge him on bail in connection with S.T. No. 16 of 2017 corresponding to Kahalgaon P.S.Case No. 258 of 2016 pending in the court of learned 5th Additional Sessions Judge, Bhagalpur /successor court.

Hence, this application is rejected.

(Birendra Kumar, J) Nitesh/- U T

Patna High Court Cr.Misc. No.41121 of 2017 (3) dt.11-10-2017