Patna High CourtCR. MISC./16447/2018dismissed

Manganu Kushwaha v. The State Of Bihar

2018-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16447 of 2018 Arising Out of PS. Case No.-312 Year-2017 Thana- SIMRI District- Buxar ====================================================== Manganu Kushwaha, Son of Rambash Kushwaha, resident of VillageMajhawari, P.S.- Simri, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Simri P.S. case No.312 of 2017 registered under Sections 341, 323, 307, 302, 337, 338, 504 and 498A of the Indian Penal Code, pending in the court of A.C.J.M. IVth, Buxar.

Allegation is that the accused persons including the petitioner assaulted and tortured the sister of the informant due to demand of dowry. Ultimately she was done to death. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2017 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.16447 of 2018(3) dt.12-04-2018 2/2 present case. There was altercation also between the parties prior to the institution of the present case. The petitioner had no intention to assault the deceased. It was an accidental death. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is alleged to have pelted stone upon the deceased, due to which she succumbed to the injuries. He is the assailant.

Considering the aforesaid facts and circumstances, I am not inclined to granted bail to the petitioner. The same is rejected. The court below is directed to take all necessary steps to expedite the case.

(Sudhir Singh, J) Narendra/- U T