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Patna High CourtCR. MISC./58962/2017dismissed

Manoj Pasi v. The State Of Bihar

2017-12-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58962 of 2017 Arising Out of PS. Case No.-68 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Manoj Pasi S/o Ramashankar Pasi Resident of Vill - Sultanpur, P.S. - Raghunathpur, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

SMT. ASHA DEVI, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S. Tr. No.520 of 2017 arising out of Ragunathpur P.S. case No.68 of 2017 registered under Sections 498A and 304B/34 of the Indian Penal Code, pending in the court of A.D.J. VI, Siwan.

Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.6.2017 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court Cr.Misc. No.58962 of 2017(2) dt.08-12-2017 2/2 of fact. There is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on the petitioner to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. (Sudhir Singh, J) Narendra/- U T