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Patna High CourtCR. MISC./52263/2016rejected

Suvas Mahto v. The State Of Bihar

2017-01-11Mr. Justice Birendra Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52263 of 2016 Arising Out of PS.Case No. -161 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Suvas Mahto, son of Sukai Mahto, resident of village Bathvaria, P.S. Navalpur, Bagaha, district West Champaran .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Narayan, Adv. For the Opposite Party : Smt. Pushpa Sinha, APP 121 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 304B/34 of the Indian Penal Code. Petitioner is husband of the deceased.

According to first information report Victim, Saroj Devi, was married with the petitioner in the year 2014 and there is allegation of demand of dowry and torture for the same. The victim died an unnatural death in her matrimonial house. Submission of the petitioner is that perusal of the case diary would reveal that no other independent witness has supported the prosecution allegation rather this is a case of suicide and not a dowry death.

The learned counsel for the State submits that the father, brother and other relations of the deceased have supported the allegation of demand of dowry and torture for the same. Considering the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Prayer for bail is refused.

The learned Court below is directed to expedite the trial.

(Birendra Kumar, J) SA/- U √ T √