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Patna High CourtCR. MISC./10316/2015dismissed

Manoj Sharma v. The State Of Bihar

2015-05-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10316 of 2015 Arising Out of PS.Case No. -153 Year- 2013 Thana -BELDAUR District- KHAGARIA ====================================================== Manoj Sharma, Son of Dholan Sharma, Resident of Village - Itmadi, P.S. - Beldaur, District - Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mrityunjay Kumar, Advocate.

For the Opposite Party : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2015 Heard both sides.

The petitioner seeks bail in Beldaur P.S. Case No. 153 of 2013, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code. The father of the deceased made allegation that he married his daughter with the petitioner Manoj Sharma about two years ago. The petitioner was demanded different articles and due to non-fulfillment of demand his daughter was done to death and her dead body was thrown in the river.

Learned counsel for the petitioner submits that, of course, the informant and relatives of the informant have stated that there was demand of dowry but the independent witnesses have given altogether a different story about the occurrence that

Patna High Court Cr.Misc. No.10316 of 2015 (3) dt.12-05-2015 2/2 the deceased committed suicide only because her husband had illicit relationship with another woman and she herself saw them in compromising position. The petitioner has got no criminal antecedent and he is in jail only since 02.12.2014. On the facts, it appears that the wife of the petitioner was killed and her dead body could not be traced out. The petitioner is the husband and he did not explain anywhere as to how his wife died. The father and mother and other relatives of the deceased have very categorically stated that the petitioner was torturing his wife due to non-fulfillment of demand of dowry. Wife of the petitioner died within two years of her marriage. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T