Patna High CourtCR. MISC./43966/2021bail rejected

Manish Kumar v. The State Of Bihar

2022-01-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43966 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- MAHKAR District- Gaya ====================================================== Manish Kumar Son of Ram Kripal Sao @ Shri Kripal Sao Resident of Village- Khukhari, P.S.- Mahkar, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Mahkar P.S. Case No. 11 of 2020, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the FIR, this petitioner along with other coaccused persons subjected the daughter of informant to mental and physical torture and killed her due to non-fulfillment of demand of dowry. Husband of the deceased is working at Surat. Petitioner is brother-in-law (Dewar) of the deceased. It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. In fact, petitioner married with the

Patna High Court CR. MISC. No.43966 of 2021(2) dt.20-01-2022 2/2 sister of deceased and on account of that the deceased came in mental depression and committed suicide. There is general and omnibus allegation. A compromise petition has been filed by both parties on 27.01.201 which is at Annexure-2. Petitioner is in custody since 15.01.2021 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that the deceased died in unnatural circumstance within seven years of marriage, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

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