Manjesh Kumar @ Manjesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30956 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== MANJESH KUMAR @ MANJESH KUMAR SINGH, Son of Deeplal Singh, Resident of Village- Rajapakar West Tola, P.S.-Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Rajapakar P.S. Case No.19 of 2018 instituted for the offence under Section(s) 304B, 328/34 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, VII, Vaishali at Hajipur. Petitioner is husband of the deceased.

In the written report, it is alleged that informant got information that his sister has been done to death in her Sasural after assault and giving poison. He reached Sasural of his sister along with his father and co-villagers and found his sister lying dead. Nephews of the informant aged about five years and three years respectively were weeping. Marriage of sister of the informant was performed in the year 2011. She was tortured in her Sasural for demand of dowry by the petitioner and other

Patna High Court CR. MISC. No.30956 of 2019(4) dt.08-08-2019 2/2 family members. The petitioner also used to assault his sister for aforesaid demand. Earlier, case was also filed twice and Panchayati was also held several times by the villagers. She has been done to death for non-fulfillment of demand of dowry. Case diary has been received, wherein, witnesses have stated that this petitioner is drunkard and after taking liquor he used to assault the deceased. In paragraph 69 and 82 of the case diary, it has come that on the date of occurrence the petitioner assaulted the victim after taking liquor. The victim out of sheer frustration consumed poison.

In this manner, there is specific allegation against the petitioner of committing torture to the deceased. The deceased died unnatural death by consuming poison.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected at this stage.

The trial Court is directed to expedite the trial. (Sanjay Priya, J) J. Alam/- U T