Bam Bam Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23122 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== BAM BAM MANDAL S/O SUDHIR MANDAL Resident of Village- Banshi Purandaha, Ward No.- 4, P.S.- Dhamdaha, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar Singh For the Opposite Party/s :
Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for grant of regular bail in connection with Dhamdaha P.S. Case No. 178 of 2022 dated 15.7.2022 registered for the offences punishable u/s 304(B)/34 of the Indian Penal Code.
As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's daughter for non-fulfillment of demand of dowry. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.23122 of 2023(2) dt.23-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner neither demanded the dowry nor tortured the daughter of the informant. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.1.2023.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that in the Post Mortem Report, the doctor has reserved the opinion but he has found that neck larynx and trachea got congested. He has further submitted that witnesses supported the prosecution version. He has further submitted that the petitioner is named in the FIR. The petitioner is the husband and he is solely responsible of the crime alleged.
Considering the aforesaid facts and circumstances of the case as well as the heinous nature of crime, I am not inclined to enlarge the petitioner on bail.
Accordingly, his prayer for grant of bail is rejected. (Chandra Prakash Singh, J) Ajay Singh/- U T