Rabi Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29225 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- PANJWARA District- Banka ====================================================== RABI MANDAL Son of Dil Mohan Mandal Resident of Village - Chaohra, P.S.- Panjwara, Dist.- Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Pandey Mr. Jai Shankar Prasad For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner apprehends his arrest in Panjwara P.S. Case No. 79 of 2019, registered for the offence punishable under Sections 304(B), 120B and 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. As per the prosecution case, daughter of the informant was married with this petitioner five years back and since then all the accused persons including this petitioner subjected her to torture and harassment for non-fulfillment of demand of dowry. Ultimately, on 19.07.2019 they assaulted the deceased and killed her by strangulation.
It is submitted on behalf of the petitioner that at the
Patna High Court CR. MISC. No.29225 of 2020(4) dt.19-02-2021 2/2 time of incident petitioner was not present at the place of occurrence and he has been made accused in this case simply because he is husband of the deceased. There is general and omnibus allegation and no specific allegation has been alleged against this petitioner.
Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is husband of the deceased and she died within seven years of her marriage at her sasural.
Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T