Manish Kumar Gupta @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25352 of 2023 Arising Out of PS. Case No.-224 Year-2021 Thana- MASAUDHI District- Patna ====================================================== MANISH KUMAR GUPTA @ MANISH KUMAR SON OF SIDHESHWAR PRASAD RESIDENT OF VILLAGE - GANGACHAK MALIKANA, P.S.- MASAURHI, DIST. - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Masaurhi P.S. Case No. 224 of 2021 registered for the offence under Sections 304(B) of the Indian Penal Code. The daughter of the informant is subjected to assault and torture on account of non-fulfillment of demand of dowry by the petitioner and others and she has finally been done to death for want of dowry.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is

Patna High Court CR. MISC. No.25352 of 2023(4) dt.11-09-2023 2/3 false and fabricated and the petitioner has not committed any offence. He further submits that the deceased, who said to be mentally disabled, herself committed suicide after having some altercation with her husband. He further submits that petitioner happens to be husband of the deceased and he has never demanded any dowry nor assaulted the deceased in any manner. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 19.10.2022. Learned A.P.P.

for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the petitioner happens to be husband of the deceased and there is direct and specific allegation that he has assaulted the deceased for want dowry before her death. He further submits that the postmortem report also suggest that multiple bruise and ante-mortem injuries were found on the body of the deceased and the cause of the death of the deceased is opined to be asphyxia due to throttling (manual strangulation). Several witnesses have supported by the witnesses in paragraph Nos. 6, 7, 8 and 9 of the case diary.

Patna High Court CR. MISC. No.25352 of 2023(4) dt.11-09-2023 3/3 Considering the facts and circumstances of the case and the rival submission of the parties and also the manner of occurrence, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Rajesh Kumar Verma, J) brajesh/- U T