Patna High CourtCR. MISC./74143/2018rejected

Udai Mandal @ Udho Mandal v. The State Of Bihar

2019-05-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74143 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- EKCHARI District- Bhagalpur ====================================================== Udai Mandal @ Udho Mandal son of Umesh Mandal resident of VillageEkchari, P.S.- Ekchari, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Adv For the Opposite Party/s :

Mr.Sri Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Wife of this petitioner died within few years of her marriage in her matrimonial home in unnatural circumstances. The dead body was disposed of without any information to the local police or to her parents. The FIR reveals that there is allegation of demand of dowry and torture for the same soon before death. Further allegation is of commission of dowry death.

To rebut the presumption of law or to prove the charge under Section 304B I.P.C., it is not necessary that at the

Patna High Court CR. MISC. No.74143 of 2018(5) dt.03-05-2019 2/2 time of death, the accused should be present there. Therefore, there is no merit in the submission of learned counsel for the petitioner that at the time of death petitioner was in Calcutta. Considering the nature of allegation and material available on the record, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.320 of 2018 corresponding to Ekchari P.S.Case No. 29 of 2017 pending in the court of learned Sessions Judge, Bhagalpur. Hence, prayer is refused.

The learned Trial Court is directed to expedite the trial.

(Birendra Kumar, J) Nitesh/- U T