Ramesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5245 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Ramesh Mahto, son of Ram Swarup Mahto, resident of Village- Lodipur, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

After 11 years of marriage, the wife of this petitioner died and there is allegation against the petitioner and other in-laws of demand of dowry and torture for the same as a result whereof death was caused.

Submission of the petitioner is that there is no eye witness to the occurrence rather for family disputes the victim might have committed suicide by throwing her before the running train. Further submission is that the postmortem report would

Patna High Court Cr.Misc. No.5245 of 2017 (3) dt.08-04-2017 reveal that the death was caused due to accident by hard blunt substance in motion and body was divided into four parts having multiple lacerations of head.

Since dead body was allegedly recovered from the field side and head of the body was cut away there is strong suspicion against the petitioner. Therefore, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Goraul P.S. Case No.210 of 2016 pending in the court of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur is rejected.

However, the prayer for regular bail of the petitioner shall be considered on its own merit without being prejudiced by the present order.

Arvind/- (Birendra Kumar, J) U T