Tunni Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20665 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== Tunni Mahto Son of Bindo Mahto @ Binda Mahto Resident of village - Hardas Bigha, P.S.- Khushrupur, Dist. - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kusharupur P.S. case No. 197 of 2021, registered for the offence punishable under Sections 304(B), 302, 201/34 of the Indian Penal Code.

The prosecution case as emerging from the F.I.R. is that marriage of the informant's daughter, namely, Rinki Kumari was solemnized with the petitioner according to Hindu rites and customs on 20.05.2021. After some times, the husband and his family members started torturing her for non-fulfillment of illegal demand of an Apache Motor

Patna High Court CR. MISC. No.20665 of 2022(4) dt.28-09-2022 2/3 Cycle dowry, and ultimately they killed the deceased and threw her body in the Ganges.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that no-one has killed the alleged victim, rather she has died natural death. The petitioner has been languishing in jail since 15.02.2022.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.

However, the learned APP for the State opposes the prayer of the petitioner for bail submitting that the alleged offence is heinous in nature and an innocent lady is killed for non-fulfillment of demand of dowry and the present petitioner is husband of the alleged victim. He further points out that the dead body was thrown in the Ganges and no information regarding death of the victim was given to her

Patna High Court CR. MISC. No.20665 of 2022(4) dt.28-09-2022 3/3 parents.

Considering the aforesaid facts and circumstances, particularly the nature of alleged offence and material on record, I am not persuaded to enlarge the petitioner on bail. The prayer for bail is accordingly rejected.

The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T