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Patna High CourtCR. MISC./30984/2023dismissed

Shankar Mandal v. The State Of Bihar

2023-07-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30984 of 2023 Arising Out of PS. Case No.-296 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== SHANKAR MANDAL SON OF LATE BAMBAM MANDAL RESIDENT OF VILLAGE- AURAHI, PS- BARHAR, DISTT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Barhara P.S. Case No. 296 of 2021 registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

3.

The case of the prosecution, in brief, is that the marriage of the daughter of the informant had been solemnized with the petitioner. It is further alleged that on 5.9.2021, the accused persons including the petitioner, who is the husband of the deceased victim lady, had strangulated the daughter of the informant to death on account of non-fulfillment of the demand for dowry.

4.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30984 of 2023(2) dt.14-07-2023 2/2 petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. 5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into the account the materials available on record as also considering the fact that the petitioner is the husband of the deceased victim lady, who has been killed by him on account of non-fulfillment of the demand for dowry and his complicity in the alleged occurrence is writ large from the records, I do not find the present case to be at least a fit case for grant of anticipatory bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T