Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45134 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- MANSI District- Khagaria ====================================================== 1.

Uttam Kumar Aged about 23 years (Male) 2.

Ajay Kumar @ Lalo Aged about 20 years (Male) Both sons of Gangadhar Singh @ Ganga Prasad Singh resident of villageAmni, P.S.- Mansi, District- Khagaria ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Mrityunjay Kumar, Advocate For the Opposite Party :

Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, who are said to be the brothers-in-law (Devar) of the deceased, have filed this application for bail in connection with Mansi P.S. Case No. 10 of 2019 registered for the offence under Sections 304B and 201/34 of the Indian Penal Code. As per the allegation in the FIR, the informant's daughter was married to Raj Kumar Singh, elder brother of the petitioners, in the year 2016 and they tortured her to death for non-fulfillment of demand of dowry and the body was made to disappear. It is further stated that the dead body was recovered in a plastic bag drowned in water. It is stated that the accused persons including these petitioners have killed the informant's daughter by strangulating her. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.45134 of 2019(4) dt.06-11-2019 2/2 from reading of the FIR it transpires that so far as the allegation of demand of dowry is concerned, the same is against other accused persons and not these petitioners. The allegations against these petitioners are general and omnibus in nature. It is further stated that the petitioners are students and were at Bhagalpur on the date of occurrence. The husband of the deceased is in custody. The petitioners have no criminal antecedents and are in custody since 09.05.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation and the manner of recovery of the body of the deceased, this Court is not inclined to enlarge the petitioners on bail at this stage and as such, their application for bail stands rejected.

However, if so advised, the petitioners may renew their prayer for bail after completing ten months in custody. (Partha Sarthy, J) BT/- U T