Abhay Kumar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56912 of 2019 Arising Out of PS. Case No.-434 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== ABHAY KUMAR @ MUNNA KUMAR Son of Mithilesh Yadav @ Bado Mishri Resident of Village - Narainpur, P.S.- Makhdumpur, Distt - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Makhdumpur P.S. Case No.434 of 2018 registered under Sections 304(B)/120B of the Indian Penal Code, pending in the court of the Sub Divisional Judicial Magistrate, Jehanabad. The accusation is of killing the deceased, the daughter of the informant, by her husband and other in-laws for non-fulfillment of the dowry demand within four years of her marriage by pressing her neck.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased, who committed suicide herself but with an ulterior

Patna High Court CR. MISC. No.56912 of 2019(3) dt.04-12-2019 2/2 motive, the informant has falsely implicated the petitioner and is whole family members. The petitioner is in custody since 05.03.2019.

On the other hand, learned Additional Public Prosecutor for the State opposed the prayer of the petitioner for bail submitting that in the post-mortem report of the deceased, the cause of her death has been shown as asphyxia due to strangulation by ligature.

Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T