Santosh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20970 of 2020 Arising Out of PS. Case No.-210 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== SANTOSH MISHRA Son of Udaykant Mishra R/O Village - Bakhri, P.S.- Bakhri, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bakhri P.S. Case No. 210 of 2019 for the offence registered under Sections 341, 323, 324, 504, 506, 498A/34 and 307 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. The allegation is regarding the petitioner, who is the husband of the informant, alongwith other accused persons having tortured the informant on account of non-fulfillment of the demand for dowry. It is further alleged that the petitioner had stabbed his wife in her stomach resulting in her being inflicted with grievous

Patna High Court CR. MISC. No.20970 of 2020(3) dt.17-09-2020 2/2 injury.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having clean antecedent. It is further submitted that the petitioner is ready and willing to keep his wife with due honour and dignity. Per contra, the learned counsel for the informant has submitted that there is no chance of re-conciliation inasmuch as the husband of the informant i.e. the petitioner herein has tried to kill the informant by stabbing the informant in her stomach which has resulted in her sustaining grievous injury. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is alleged to have inflicted a knife blow on the stomach of the informant resulting in her being inflicted with grievous injury, I do not find the present case to be a fit case for grant of bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T