Mithun Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1738 of 2021 Arising Out of PS. Case No.-107 Year-2019 Thana- PALASI District- Araria ====================================================== MITHUN KUMAR MANDAL Son of Udra Nand Mandal Resident of Village- Bhattawari Ward No.2, P.S.- Palasi, Distt.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Narayan Mahto For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Palasi P.S. Case No. 107 of 2019, registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
As per the prosecution case, informant's daughter was married with this petitioner two years ago. It is further alleged that for the last three months this petitioner along with other named accused persons used to assault the daughter of informant for demand of dowry. On 11.04.2019 at 9.00 pm informant came to know that in-laws of her daughter badly assaulted her and when the informant went there she saw that her daughter was lying on the ground who disclosed the informant that petitioner and her in-laws for non-fulfillment of demand of dowry badly assaulted her and also administered
Patna High Court CR. MISC. No.1738 of 2021(2) dt.04-03-2021 2/2 poison to her. It is further alleged that when the informant tried to take her daughter for medical treatment, the accused persons restrained her, as a result of which daughter of informant died. It is submitted on behalf of the petitioner that petitioner has never demanded any dowry and there is love marriage and both petitioner and victim girl were living peacefully and at the relevant point of time, petitioner was not present at the place of occurrence as he was living outside for earning livelihood. Petitioner is in custody since 06.01.2020 having no criminal antecedent. Chargesheet has already been submitted.
Learned APP however, vehemently opposed the prayer for bail and submitted that it is a case of dowry death. Petitioner is husband of the deceased and the deceased died within seven years of her marriage at her sasural in unnatural circumstances.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T