Mritunjay Jha @ Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25512 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Mritunjay Jha @ Mithu S/o Bachaspati Jha, R/o village - Hasaur, P.S. - Belsand, Distt. - Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar, Advocate Mr. Ritesh Kumar Narain Singh, Advocate For the Informant :

Mr. Mahendra Thakur, Advocate Mr. Shashi Bhushan Pandey, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2024 Heard Mr. Sanjeev Kumar, the learned counsel for the petitioner, Mr. Mahendra Thakur, the learned counsel appearing on behalf of the informant and Mr. Anuj Kumar Shrivastava, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 01.11.2023, in connection with Belsand P.S. Case No. 107 of 2023, FIR dated 20.07.2023, registered for the offence punishable under Section 304(B) read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, all the accused persons including the petitioner committed murder of

Patna High Court CR. MISC. No.25512 of 2024(3) dt.17-05-2024 2/3 informant's daughter due to non-fulfillment of dowry demand. 4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that the petitioner has been made accused in the present case merely on the ground that petitioner is husband of the deceased and in fact, the deceased had committed suicide herself and petitioner was not in the involved in the present crime in question. He lastly submits that the informant is not the eyewitness of the alleged occurrence and merely on the basis of suspicion the petitioner and other co-accused persons have been made accused in the present case.

5.

The learned counsel appearing of behalf of the informant and the learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that the allegation levelled in the FIR is supported by medical evidence and the victim died unnatural death at her matrimonial home within seven years of marriage.

6.

Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.25512 of 2024(3) dt.17-05-2024 3/3 I am not inclined to enlarge the petitioner on bail in connection with Belsand P.S. Case No. 107 of 2023, pending in the Court of learned Judicial Magistrate 1st Class, Sitamarhi. 7.

Prayer is refused.

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