Mantun Pandit @ Mantun Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25709 of 2015 Arising out of PS.Case No. -2 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== Mantun Pandit @ Mantun Kumar Pandit, S/o Upendra Pandit, R/o VillageRampur Jalalpur, P.S.- Dalasing Sarai, Distt- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surya Narayan Roy, Advocate. For the Opposite Party : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition. Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Teghra P.S. Case No. 02/2015 for the offences instituted under Sections 498(A), 304(B) and 201/34 of the IPC. The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand after two years of marriage. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner has been made accused in the present case due to mistake of fact. There is a U.D. Case also instituted on behalf of

Patna High Court Cr.Misc. No.25709 of 2015 (4) dt.22-09-2015 2/2 the mother of the deceased prior to institution of the present case which shows the bonafide in respect to fairness on the part of the petitioner.

On behalf of the State it has been submitted that the petitioner is the husband of the deceased and the main allegation is against him.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Teghra P.S. Case No. 02/2015, pending in the court of the learned A.C.J.M., Dalsingsarai, Samastipur. Anyhow, if the petitioner surrenders in the court below within a period of eight weeks from the date of receipt/production of copy of this order the same shall be considered on its own merit without being prejudiced by this order taking into account that there is a U.D. Case also instituted on behalf of the mother of the deceased.

U.K./- (Sudhir Singh, J) U T