Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19084 of 2022 Arising Out of PS. Case No.-73 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== MUNNA MAHTO S/o Late Fudan Mahto @ Kundan Mahto Resident of Village- Patti Aswari, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjana For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kathaiya P.S. Case no. 73 of 2021 instituted for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

As per allegation in the FIR, marriage of daughter of the informant was solemnized with the petitioner in the year 2017 and due to non-fulfillment she was subjected to torture in different ways. Ultimately, she was done to death and with a view to wipe off the evidence, her dead body was recovered on next day from a bush.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.19084 of 2022(5) dt.22-11-2022 2/3 has submitted that petitioner is innocent and has committed no offence. She herself consumed Salphas Tablet and during course of treatment she died. It is further submitted by learned counsel for the petitioner, that prosecution side taken the dead body of the deceased for cremation in their custody forcefully so allegation of throwing the dead body as mentioned in the FIR is contradictory.

Learned APP appearing for the State has opposed the prayer of bail and submitted that daughter of the informant was done to death within seven years of marriage. She died unnaturally. Petitioner is husband of the deceased and he is ample responsible to maintain her with honour and dignity. During course of investigation, several witnesses have supported the prosecution story.

Having heard learned counsel for the parties and considering the fact that petitioner is husband of the deceased and she died un-natural death within seven years of her marriage, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.19084 of 2022(5) dt.22-11-2022 3/3