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Patna High CourtCR. MISC./73758/2022bail rejected

Manager Sah @ Manager Prasad v. The State Of Bihar

2023-04-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73758 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== MANAGER SAH @ MANAGER PRASAD Son of Baijnath Sah R/vLanhang Dumaria, P.S.- Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 304(B)/34 of the Indian Penal Code.

As per prosecution case, this petitioner alongwith other FIR named accused killed the daughter of the informant due to non-fulfillment of demand of dowry.

It is submitted on behalf of petitioner that petitioner never demanded any dowry or committed tortured to the deceased. Deceased was a mental patient and during the time of cooking, fire caught her saree, as a result of which, she was burnt and during course of treatment, died. It is further submitted that informant has filed this case only to harass and extract money from the petitioner.

Patna High Court CR. MISC. No.73758 of 2022(2) dt.07-04-2023 2/2 However, learned A.P.P. for the State vehemently opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation of demand of dowry and torture against him. Deceased has died in an unnatural circumstances at the matrimonial house of petitioner. Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased and there is specific allegation of demand of dowry against him, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T