Manoj Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50358 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- MADHAURAH District- Saran ====================================================== MANOJ RAUT Son of Late Ramnath Raut Resident of Village - Marhowrah Nagar Panchayat Ward No.- 13, Near Harbarnath Mandir, P.S.- Marhowrah, District - Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant who was married to the petitioner in the year 2014 was tortured and assaulted for nonfulfilment of the demand of dowry to the tune of Rs.2 lacs. Ultimately she was done to death by the accused persons including the petitioner herein. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the deceased. There is no eye witness to the occurrence. No

Patna High Court CR. MISC. No.50358 of 2021(3) dt.24-03-2022 2/2 material has transpired to connect the petitioner with the alleged crime. Even in course of investigation it transpired that it was as a result of a trivial dispute that the deceased hung herself. The postmortem report also confirms the same. The petitioner is in custody since 13.3.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record including the contents of the case diary and the postmortem report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected for the present.

Liberty is granted to the petitioner to renew his prayer for bail after framing of charge or after six months, whichever is later. (Partha Sarthy, J) Bibhash/- U