Sanjeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7545 of 2021 Arising Out of PS. Case No.-215 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Sanjeet Mahto S/O Gopi Mahto R/O Village- Bath Asali, P.S.- Nanpur, Distt.- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Nanpur P.S. Case No. 215 of 2019 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner is that petitioner in association with his family members had killed daughter of the informant due to non fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as

Patna High Court CR. MISC. No.7545 of 2021(4) dt.27-08-2021 2/2 alleged ever took place. He submits that there is no specific allegation against the petitioner as a matter of fact right from the marriage the husband of the deceased was resided outside of the state for livelihood and deceased was living with his parents and the petitioner has no concern with the alleged occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and he is languishing in custody since 06.08.2020.

Learned APP for the State opposing the bail petition submitted that petitioner is the husband of the deceased. In the facts and circumstances of the case and considering the fact that petitioner is the husband of the deceased, I am not inclined to grant privileg of bail to the petitioner in connection with Nanpur P.S. Case No. 215 of 2019 to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi.

Accordingly, prayer for bail of the petitioner is hereby rejected. However, Trial Court is directed to expedite the trial. (Anjani Kumar Sharan, J) GAURAV S./- U T