Guddu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27345 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== GUDDU KUMAR MAHTO S/o Shankar Mahto Resident of VillageGawashpur, P.S-Kathaiya, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-10-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Mr. Aditya Narayan Singh, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General. Henceforward his name may also be printed in the cause list.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Karja PS Case No. 156 of 2019

Patna High Court CR. MISC. No.27345 of 2020(2) dt.19-10-2020 2/2 registered under Section 304(b)/34 of the IPC. The prosecution case is that the informant's daughter has been done to death for non fulfilment of demand for dowry. The petitioner is husband of the victim.

Learned Counsel for the petitioner submits that from the allegations made in the FIR it is evident that the petitioner and the victim had solemnised love marriage. The allegation of dowry is therefore baseless and untenable. Being a short tampered lady the deceased herself committed suicide over petty issue. The petitioner has now been in custody since 7.2.2020.

Learned APP for the State submits that being husband, the petitioner owes responsibility of safety and well being of the victim. In view of unnatural death of the victim by strangulation petitioner does not deserve bail.

Considering the aforesaid submissions, for the present, the prayer for bail is rejected.

(Madhuresh Prasad, J) SNkumar/- U T