Huro Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3765 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -KATORIA District- BANKA ====================================================== Huro Mandal, Son of Kaleshwar Mandal, Resident of Village-Burrhighat, P.S-Katoria, District-Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

04-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Katoria P.S. Case No. 72 of 2014 dated 09.04.2014 instituted under Sections 498A/304B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though he is the husband and the allegation is of demand of dowry and also causing death by assault but the same is false. It is submitted that the petitioner had given one blow on the right thigh of his wife due to which out of anger, she committed suicide and the petitioner and his family members have been falsely implicated. Learned counsel submits that the petitioner is in custody since 10.04.2014.

Learned A.P.P. opposes the prayer for bail and submits that in the postmortem, the doctor has opined that the cause of death is due to strangulation and there was swelling on the

Patna High Court Cr.Misc. No.3765 of 2015 (3) dt.04-03-2015 2/2 right thigh. It is submitted that the witnesses who are villagers could not be in a position to say what happened inside the room between the husband and the wife.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.) Anand Kr.

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