Mankhush Das @ Mankhush Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27122 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== Mankhush Das @ Mankhush Kumar Das S/o Yogendra Das @ Chulhai Das R/o vill - Kabir Nagar Thutha, ward no. 7, P.s. - Bihariganj, Distt. - Madhepura ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar, Advocate For the Opposite Party :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihariganj P.S. Case No. 114/2023 dated 13.05.2023 registered for the offence punishable u/s 304B of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter due to non-fulfillment of demand of Rs. 2 lacs as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.27122 of 2024(4) dt.09-09-2024 2/3 implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the PostMortem Report, the cause of death is asphyxia due to ligature strangulation.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Bihariganj P.S. Case No. 114/2023, with the condition:- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.27122 of 2024(4) dt.09-09-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T