Mangal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26747 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Mangal Mahto S/o Vitan Mahato Resident of Village-Pathri Ghat (Chath Ghat), P.S.-Bettiah Town, District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2020 Heard learned counsel for the parties through video conferencing.
This relates to grant of bail to the petitioner in Bettiah Town P.S. Case No. 612 of 2019 registered for the offence under Sections 304(B)/34 of the Indian Penal Code. As per the prosecution case, on 18-08-2019, a phone call from the co-villager came to the informant to the effect that informant's sister had died. It is further alleged that four years ago, the sister of the informant was married with this petitioner, which was a love marriage. On getting such information, the informant rushed to the matrimonial home of his sister and found the door closed. Thereafter, with the help of police, the door of the house was opened and informant saw the dead-body of his sister. It is further alleged that 3-4 months ago, the deceased had informed the informant that she was being
Patna High Court CR. MISC. No.26747 of 2020(2) dt.14-10-2020 2/2 tortured for demand of dowry of Rs. 1,50,000/-. It is submitted on behalf of petitioner that deceased was second wife of the petitioner and out of the wedlock, two children namely Ramu Mahto (aged about 5 years) and Lali Kumari (aged about 3 years) were born. It is further submitted that deceased died due to suffering from various ailments. Petitioner is in custody since 19-08-2019.
However, counsel for the State has vehemently opposed the bail application and submitted that petitioner is husband of the deceased and there is specific allegation against him of demand of dowry and causing death of his wife. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, the bail application of petitioner is rejected.
(Prabhat Kumar Singh, J.) anay/- U T