Patna High CourtCR. MISC./45957/2015rejected

Mantu Mahto v. The State Of Bihar

2015-12-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45957 of 2015 Arising Out of PS.Case No. -248 Year- 2013 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mantu Mahto, S/o Pitambar Mahto, R/o village English Nuniya Tola, P.S. Paharpur, District East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Advocate For the Opposite Party/s : Mrs. Pronoti Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-12-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of regular bail arises out of Paharpur P.S. Case No. 248 of 2013, disclosing offences under Sections 302, 120B/34 of the Indian Penal Code. The petitioner is in custody since 04.08.2015. He is the husband of the deceased.

As per the prosecution case, there was matrimonial dispute between the petitioner and the deceased from earlier and after having a compromise been reached between them, the deceased had gone to her Sasural with the petitioner. Allegedly, she was burnt to death by the petitioner and other family members

Patna High Court Cr.Misc. No.45957 of 2015 (4) dt.03-12-2015 2/2 of the petitioner.

Learned counsel for the petitioner submits that it is incorrect to say that on the date of occurrence, the deceased was living with the petitioner rather she was living with her parents. The submission does not find support either from the case diary or from the application, seeking grant of bail that the deceased was not residing with the petitioner on the date of occurrence.

I do not find any merit in this application. This application is, accordingly, rejected.

The Court expects that the trial court shall make endeavour to expedite the trial.

(Chakradhari Sharan Singh, J) Vats/- U T