Mithilesh Kumar @ Mithun Tanti @ Mithilesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39459 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- AMARPUR District- Banka ====================================================== Mithilesh Kumar @ Mithun Tanti @ Mithilesh Son of Bablu Tanti @ Bablu Sharma Resident of Village Khurd Koal, P.s.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur P.S. Case No. 143 of 2025 dated 02.03.2025 registered for the offences punishable under Section 80(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the daughter of the informant due to non-fulfillment of demand of Rs. 1 lakh as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.39459 of 2025(2) dt.09-07-2025 2/3 this case. The name of the petitioner has sprung up in this case on mere suspicion. There is general and omnibus allegation against the petitioner who is the husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner was not present at the time of alleged occurrence. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para-3 of the bail petitioner. The petitioner is in custody since 28.04.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the petitioner and the co-accused persons committed murder of the informant's daughter due to non-fulfillment of demand of dowry. It is further submitted that as per the post-mortem report, the doctor has opined that the cause of death due asphyxia caused by strangulation. It is further submitted that the plea of alibi may not be taken for consideration at this stage.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Amarpur P.S. Case No. 143 of 2025, pending in the Court of learned Chief Judicial

Patna High Court CR. MISC. No.39459 of 2025(2) dt.09-07-2025 3/3 Magistrate, Banka.

7. The application stands rejected.

(Chandra Prakash Singh, J) Shivam/- U T