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Patna High CourtCR. MISC./23096/2020bail rejected

Manish Ram @ Manish Kumar v. The State Of Bihar

2020-11-25Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23096 of 2020 Arising Out of PS. Case No.-101 Year-2019 Thana- DHANSOI District- Buxar ====================================================== MANISH RAM @ MANISH KUMAR S/o Chunu Ram Resident of Villagekala Kaithhar, P.S.- Dhansoi, Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nil Kamal, Advocate For the Opposite Party/s :

Mr. Umesha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2020 Heard Mr. Nil Kamal, learned counsel for the petitioner and Mr. Umesha Nand Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Dhansoi P.S. Case No. 101 of 2019 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the daughter of the informant was married to the petitioner on 04.06.2019 and immediately, thereafter, the petitioner along with other family members started demanding dowry and due to non fulfillment of the same, the daughter of the informant was killed after setting her on fire by the petitioner and his other

Patna High Court CR. MISC. No.23096 of 2020(5) dt.25-11-2020 2/3 family members.

Learned counsel for the petitioner submits that petitioner is husband of the deceased and he has not committed any offence in the manner alleged and from perusal of the First Information Report, it would be evident that allegation of demand of dowry is against other family members of the petitioner. Learned counsel further submits that petitioner is a labourer and he was not present at the place of occurrence when the alleged incident took place and further submission is that the First Information Report has not been lodged by the informant but the Police has taken LTI of the informant on a plain paper and has registered the First Information Report with oblique motive. Learned counsel also submits that First Information Report was registered after delay of two days and has been sent to learned Magistrate after four days i.e. on 8.7.

2019. Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the victim died less than one month of the marriage, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

However, the petitioner may renew his prayer for bail

Patna High Court CR. MISC. No.23096 of 2020(5) dt.25-11-2020 3/3 after one year if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T