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Patna High CourtCR. MISC./58408/2017rejected

Ajeet Kumar Mahto @ Ajit Kr. Mahto v. The State Of Bihar

2018-02-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58408 of 2017 Arising Out of PS.Case No. -67 Year- 2013 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Ajeet Kumar Mahto @ Ajit Kr. Mahto, Son of Late Ram Pravesh Mahto, resident of Village- Bachholi, P.S.- Khanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdhar Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Khanpur P.S. Case No.67 of 2013, a case under Section 304B/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending in the Court of learned Sub-Divisional Judicial Magistrate, Samastipur.

Petitioner is husband of the victim lady, who died in unnatural circumstances within seven years of marriage in her matrimonial house. There is allegation of demand of dowry and torture for the same against the petitioner also soon before her death. Other witnesses have also supported the aforesaid allegation.

Patna High Court Cr.Misc. No.58408 of 2017 (4) dt.01-02-2018 P2/ Submission of the learned counsel for the petitioner is that petitioner is in custody since 11.09.2017. After death of the victim false case has been lodged in the form of complaint case initially.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused.

(Birendra Kumar, J) Mkr./- U T