Patna High CourtCR. MISC./47496/2023bail rejected

Amarjeet Mahto v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47496 of 2023 Arising Out of PS. Case No.-574 Year-2022 Thana- MASHRAK District- Saran ====================================================== AMARJEET MAHTO SON OF BABULAL MAHTO RESIDENT OF VILLAGE- HANSAPIR, P.S-. MASRAKH, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Masrakh P.S. Case No. 574 of 2022 dated 11.12.2022 registered for the offence punishable u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.47496 of 2023(2) dt.04-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.12.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner submitted that the petitioner is the husband of the deceased and he committed murder of the daughter of the informant for the sake of dowry.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I'm not inclined to enlarge the petitioner on bail. Accordingly, the application stands rejected.

8. Further, the learned trial Court is directed to expedite the trial and conclude the same at the earliest. (Chandra Prakash Singh, J) Ajay Singh/- U T