Patna High CourtCR. MISC./38295/2021dismissed

Chandan Mahto v. The State Of Bihar

2021-12-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38295 of 2021 Arising Out of PS. Case No.-111 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== CHANDAN MAHTO S/o Dinesh Mahto Resident of Village- Bhandari Ward No. 10, P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in Belsand P.S. Case No. 111/2019 registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.38295 of 2021(3) dt.02-12-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is husband of the deceased, as such, the onus is upon him to explain the cause of death of his wife.

Considering the same, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. However, if the petitioner surrenders in the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T