Manoj Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41018 of 2016 Arising Out of PS.Case No. -119 Year- 2015 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Manoj Sharma son of Kanhai Sharma @ Kanhai Thakur resident of VillageJagarnathpur Dokara, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-10-2016 Heard Sri Aditya Narayan Singh, learned counsel who was assisted by Sri Gajendra Kumar Singh, learned counsel for the petitioner and Sri Madan Kumar, learned Additional Public Prosecutor.
The petitioner, husband of the deceased, has prayed for grant of bail in Saraiya P.S. Case No. 119 of 2015 registered for the offence under section 304B and 201 / 34 of the Indian Penal Code.
It was submitted by learned counsel for the petitioner that in view of post -mortem examination report , copy of same has been brought on record as Annexure- 2 to the present petition it was a case of suicide. He submits that as per principle laid down in Moody's jurisprudence the injuries found on the person
Patna High Court Cr.Misc. No.41018 of 2016 (4) dt.28-10-2016 2/2 of the deceased show that it was a case of suicide. However, learned Additional Public Prosecutor submits that in the F.I.R. there is specific accusation that within one year from the date of marriage the grand-daughter of the informant was done to death . In the F.I.R. there is allegation that this petitioner being husband was demanding further dowry and torturing the grand-daughter of the informant and dead body was subsequently recovered from a river and there was mark on the neck of the deceased.
Considering the allegation I do not find any ground to grant bail.
The petition stands dismissed.
(Rakesh Kumar, J) Praful/- U T