Abhimanyu Singh @ Mannu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59772 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== Abhimanyu Singh @ Mannu Son Of Late Vidyarthi Singh Resident of Village - Kaura, P.s.- Jagdishpur, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-09-2022 Let the defects, if any, be removed within four weeks from today.
Heard Mr. Arvind Kumar Pandey, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Jagdishpur P.S.Case No. 224 of 2020 for the offences punishable under Sections 304(B), 313/34 of the Indian Penal Code.
The prosecution case is based on a written report filed by the informant alleging therein that the marriage of the niece of the informant was solemnized with the petitioner on 01.05.2019, however just after one week of
2/4 marriage, the victim was subjected to demand of dowry and on account of non fulfillment of demand of dowry she was tortured in various ways and means. When the informant went to see the victim girl , she disclosed that the accused persons brutally assaulted and they did not even provide her food. On 06.09.2020, the informant has been informed that the victim was done to death by putting her on fire and thereafter, she was taken to the hospital by the villagers.
Learned counsel appearing on behalf of the petitioner submits that in fact the deceased was not happy with the marriage and she always used to threatened the petitioner for committing suicide and in fact it is a case of suicide. He next submits that there is no specific allegation against the petitioner rather general and omnibus allegation has been made against all the family members of the petitioner and petitioner is in custody since 22.03.2021. Moreover, charges have been framed and the petitioner gives undertaking that he will fully co-operate in the trial. On the other hand, learned counsel for the State vehemently opposed the bail application and submits that
3/4 the witnesses have categorically stated with regard to torture and harassment to the victim and the post mortem report also suggest that she was done to death by setting her ablaze. He next submits that the deceased was done to death just after one year of her marriage.
Regard being had to the submissions made on behalf of the parties and considering the fact that the death of the deceased was caused by burn injuries, otherwise then under normal circumstances just after a year of marriage and soon before her death, she was subjected to cruelty or harassment by the petitioner and his family, apart from the statement of the witnesses, who have fully supported the prosecution case, this Court is not persuaded to enlarge the petitioner on bail and accordingly his prayer for bail stands rejected.
However, it is expected that the learned trial court will take all necessary measures to conclude the trial of the petitioner as early as possible.
(Harish Kumar, J) N.K/- U T
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