Patna High CourtCR. MISC./41302/2017dismissed

Manoj Ram @ Manoj Kumar Ram v. The State Of Bihar

2017-10-16Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.41302 of 2017 (4) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41302 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Manoj Ram @ Manoj Kumar Ram Son of Late Raja Ram Resident of Village - Garhi Tola, P.S. - Jaynagar, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The petitioner seeks regular bail in connection with Basopatti P.S. Case No. 165 of 2016, registered for offences punishable under Sections 304B/201 of Indian Penal Code. Petitioner is husband of the deceased and allegation against her is of killing the deceased. Later on charge-sheet has been submitted under Section 302, 201 and 34 of Indian Penal Code and also under Section 4 of POCSO Act.

It has been submitted on behalf of the petitioner that prosecution has given complete go by to the earlier version of dowry death and came with a different story of kidnapping and murder of the deceased, however, there is no evidence available on record to connect the petitioner and, therefore, there is no applicability of Section 304B of Indian Penal Code as well and no

Patna High Court Cr.Misc. No.41302 of 2017 (4) dt.16-10-2017 presumption will lie against the petitioner and the deceased might have died in some other manner.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and also the fact that impugned order shows that witnesses have supported the prosecution story, as such, I am not inclined to release the petitioner on bail, his application for regular bail is accordingly, rejected. (Vinod Kumar Sinha, J) sunil/- U T