Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29649 of 2022 Arising Out of PS. Case No.-292 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== MANISH KUMAR SON OF MADAN MAHTO RESIDENT OF VILLAGEKHIRBHOJANA , P.S- WARISALIGANJ DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adovacate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is the husband, and the informant alleges that his daughter was married to the petitioner in the year 2015, further after marriage the accused persons, including the petitioner, were demanding Rs. 1 lakh and four-wheeler in dowry. It is next alleged that on account of non-fulfillment of dowry demand, the daughter was killed. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.29649 of 2022(2) dt.18-11-2022 2/2 next submitted that as far as allegation of demand of dowry is alleged the same is general and omnibus in nature, it is next submitted that the deceased committed suicide as the room from inside was found to be locked.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the victim died within seven years of marriage and as such the presumption for the present is against the petitioner and the occurrence even took place within the confined of the house of the petitioner himself, it is next submitted that even presuming what has been submitted is true that the victim committed suicide then also it was the petitioner who made the condition conducive for the victim to end her life as no woman who married can even contemplate of committing suicide until and unless the situation is such that she has no option but to end her life. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

(Satyavrat Verma, J) Shivam/- U T