Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59169 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== MANTU KUMAR S/o Kapil Prasad @ Kapil Yadav R/o Village- Bhai Ji Bhitta, P.S.- Rajauli, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Rajauli P.S. Case No. 130 of 2022, registered for the offences punishable under Sections 304B of the Indian Penal Code.

As per allegation, the marriage of the deceased was solemnized with the petitioner four years prior to lodging of the FIR. The customary presents were given at the occasion of the marriage but the accused persons were not satisfied. They used to torture the deceased for non-fulfillment of dowry of Rs. 2,00,000/- cash. The deceased informed her mother on telephone that if their demand is not fulfilled they would kill

Patna High Court CR. MISC. No.59169 of 2022(6) dt.13-04-2023 2/2 her. In the night of 20.03.2022, all the four accused persons including the petitioner killed the victim by pressing her throat. The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated. The petitioner is under custody since 20.05.2022. On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is husband and there is allegation of killing his wife against him for nonfulfillment of demand of dowry. He has also submitted that the post-mortem report shows that the deceased died due to poisonous substance. Though, viscera is reserved. It appears that the death of the deceased occurred in circumstances which cannot be said to be natural circumstances and soon before her death there was demand of dowry. Considering the above-mentioned facts and circumstances, the prayer for bail of the petitioner is rejected. (Nawneet Kumar Pandey, J) SONALI/- U T