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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51680 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- BANKA District- Banka ====================================================== MANOJ SAH @ MANOJ KUMAR SAH SON OF PARMANAND SAH R/O- JOGDIHA, P.S.- DISTT.- BANKA AT PRESENT RESIDING AT STREET NO. -3 NEAR AXIX BANK, GURU TEG BAHADUR NAGAR, MUNDIAN KALAN,P.S.- JAMALPUR LUDHIANA, PUNJAB-141015 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Ram Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2024 Heard Mr. Jai Ram Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner is in custody in connection with Banka P.S. Case No. 43 of 2024 for the offence punishable under Section 304B of the Indian Penal Code lodged on 05.02.2024 by the informant, Moti Sah.

3. As per the prosecution story, the father of the deceased alleged that marriage with the petitioner was solemnized in the year 2019 but was tortured for dowry and on the fateful day, came to know about her death. When he went to see her, saw some mark on the neck thereafter, FIR was lodged.

4. In this case, a Coordinate Bench has called for the

Patna High Court CR. MISC. No.51680 of 2024(3) dt.25-09-2024 2/2 case diary and postmortem report and the learned APP drawn the attention of this Court to the report according to which, the injury was antemortem and caused by pressure and compression of neck by a ligature material. Further, the cause of death is recorded as asphyxia and shock by compression of neck/ligature strangulation.

5. Considering the comment that the Doctors have made in the postmortem report, no case of bail is made out.

6. Accordingly, the present bail application stands rejected.

7. As the petitioner is in custody, the learned Trial Court see to it that the trial is started in the matter at an earliest. (Rajiv Roy, J) Adnan/- U T