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Patna High CourtCR. MISC./32401/2024bail rejected

Hareram Mahto @ Ram Narain Mahto @ Ram Narain Kumar v. The State Of Bihar

2024-08-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32401 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Hareram Mahto @ Ram Narain Mahto @ Ram Narain Kumar Son of Chotelal Mahto Resident of Village- Piparpatighat, P.S- Ramgarhwa, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Singh, Senior Advocate Mr.Sanjay Kumar, Advocate For the Opposite Party :

Mr.Shyameshwar Dayal, A.P.P.

Mr. Madhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner, the State and the informant.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

3. It is a case of dowry death. Petitioner was married with daughter of informant in the year 2022. Later on, petitioner and his family members started subjecting her to torture and harassment for non-fulfilment of demand of dowry and on 9.6.2023 informant received information from villagers that his daughter has been killed by the petitioner and his his family members.

4. Learned counsel appearing for the petitioner, while denying the allegation, submits that the petitioner has falsely been implicated in this case because petitioner is husband of of the deceased. Soon after marriage, petitioner went to the other State to earn livelihood and in his absence, daughter of informant committed suicide by hanging which is admitted by the prosecution itself. Petitioner is in custody since 10.1.2024.

Patna High Court CR. MISC. No.32401 of 2024(4) dt.30-08-2024 2/2

5. Learned counsel for the State and the informant oppose the prayer for bail. Learned counsel for opposite party no.2 submits that petitioner is the husband of the deceased and there is direct and specific allegation that he and his family members killed the deceased for non-fulfilment of dowry demand. Post mortem report also reveals that cause of death was asphyxia due to hanging. Witnesses examined during course of investigation have supported the prosecution case.

6. Considering the nature of accusation and the fact that the petitioner is husband of the deceased, who died in unnatural condition within a year of marriage in her in-laws house, prayer for regular bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T