Lalit Mahto @ Lalit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31792 of 2021 Arising Out of PS. Case No.-172 Year-2019 Thana- SUPPI District- Sitamarhi ====================================================== Lalit Mahto @ Lalit Kumar S/O Ram Rekha Mahto R/O Village-Jadupatti Simari, P.S-Choraut (PUPRI), District-Sitamarhi. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
The petitioner is apprehending his arrest in connection with Suppi P.S. Case No. 172 of 2019 registered under Sections 304(B), 201/34 of the Indian Penal Code. Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. Learned counsel for the petitioner further submits that the
Patna High Court CR. MISC. No.31792 of 2021(3) dt.31-08-2021 2/2 deceased died in her naihar.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of deceased. The deceased is said to have died due to injury caused by sharp edged weapon. As such, the onus is on the petitioner to explain the cause of death of his wife.
Considering the same, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. However, if the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by this order.
(Sudhir Singh, J) Pankaj/- U T