Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14143 of 2017 Arising Out of PS.Case No. -203 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Mukesh Ram, S/o Ganga Ram, resident of village - Mustfapur, P.S. Suryagadha, District - Lakhisarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anurag Saurav, Advocate.

For the Opposite Party : Ms. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2017 Heard both sides.

The petitioner seeks bail in Suryagadha P.S. Case No. 203 of 2016 registered for the offences punishable under Sections 313, 316, 304(B) and 120(B) of the Indian Penal Code. The brother of the deceased alleged that on 24.08.2016 he got information that his sister Doli Devi, wife of the petitioner, was killed by her husband and in-laws. The informant further alleged that the deceased used to inform the informant about illtreatment given to her by the petitioner and others. On the date of occurrence the petitioner quarreled with his wife, the deceased. Learned counsel for the petitioner submits that on the date of occurrence the petitioner was at Bangalore and he was not present even at the place of occurrence. The post-mortem report

Patna High Court Cr.Misc. No.14143 of 2017 (6) dt.28-06-2017 2/2 shows that the deceased did not get any external injury save and except ligature on her neck. No mark of violence was found on any part of the body.

Learned counsel for the informant opposed the prayer for bail and submitted that during course of investigation the witnesses have also supported the case and stated that even on the date of occurrence the petitioner quarreled with his wife and the dead body was found on the roof of the house. The deceased died within one year of her marriage.

Considering the nature of allegations and the facts that the petitioner is the husband and there is allegation that the petitioner was always torturing his wife due to non-fulfillment of demand of dowry and the deceased died within one year of her marriage, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

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