Amit Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54695 of 2017 Arising Out of PS. Case No.-20 Year-2016 Thana- SONBERSA District- Saharsa ====================================================== Amit Mandal, son of Bharat Mandal, resident of Village- Kanaua, P.S. Sonbarsa Raj, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. ANIL KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sonbarsa Raj P.S. case No.20 of 2016, G.R. No.384 of 2016 corresponding to S.T. No.141 of 2016 registered under Sections 498A, 304B, 201, 120B/34 of the Indian Penal Code, pending in the court of 1st Additional Sessions Judge, Saharsa.
Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.4.2016 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the
Patna High Court Cr.Misc. No.54695 of 2017(3) dt.08-12-2017 2/2 petitioner. The petitioner has been made accused due to mistake of fact. There is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. (Sudhir Singh, J) Narendra/- U T