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Patna High CourtCR. MISC./29063/2020bail rejected

Jitendra Mahto v. The State Of Bihar

2020-12-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29063 of 2020 Arising Out of PS. Case No.-69 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== JITENDRA MAHTO Son of Sukhi Mahto @ Ram Naresh Mahto Resident of Village - Hariharpur, P.S.- Derani, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Derani P.S. Case No. 69/2020 registered for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with this petitioner on 19.07.2018 and after marriage, it is alleged that all of them started demanding dowry and one motorcycle and due to non-fulfillment of the same, she was subjected to torture and cruelty. It is alleged that on 01.05.2020, the victim has complained on mobile about mar-pit by this petitioner. On the next day, he got information that the daughter of the informant has been killed. On getting

Patna High Court CR. MISC. No.29063 of 2020(2) dt.02-12-2020 2/2 information, he went to the house of the victim where the deadbody of the victim was being cremated by the petitioner. It is submitted on behalf of the petitioner that petitioner happens to be the husband of the deceased and the petitioner has never demanded any dowry and due to wrong information, the aforesaid FIR has been lodged by the informant.

Learned APP for the State has opposed the bail application of the petitioner and submitted that there is specific allegation of demand of dowry against this petitioner for which she was subjected to cruelty and tortured and finally killed in unnatural circumstances within seven years of marriage. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to this petitioner. It is, accordingly, rejected.

(Prabhat Kumar Singh, J) Saif/- U T