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Patna High CourtCR. MISC./71733/2019bail rejected

Mantosh Bind v. The State Of Bihar

2019-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71733 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== MANTOSH BIND Son of Banvasi Bind R/o Village- Barkagaon, P.S.- Belaon (Bhagwanpur), District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP For the Informant :

Ms. Kiran Kumar Sharma with Mr. Amit Ranjan, Advts ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bhagwanpur ( Belaon) P. S. Case No. 62 of 2019, G.R. No. 810 of 2019 instituted for the offence under Section(s) 304B/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It is submitted by the petitioner's counsel that the victim ( wife of the petitioner) has suffered burn injuries on 13.04.2019. She has been given treatment only on 18.04.2019 and she finally died on account of the burn injuries on 18.04.2019 itself. Two days later, the First Information report has been lodged. There is no statement of the victim during the course of her treatment and he submits that implication of the

Patna High Court CR. MISC. No.71733 of 2019(4) dt.17-12-2019 2/2 petitioner is false and based on extraneous consideration as an afterthought. The petitioner is in custody since 01.08.2019. The learned APP for the State has opposed the prayer for bail by submitting that the victim has died due to burn injuries sustained at the matrimonial home. The petitioner is husband and owes prime responsibility towards the honour and safety of his wife. The allegation of setting ablaze the wife is serious in nature.

Considering the rival submissions, this Court, for the present, is not inclined to enlarge the petitioner on bail. Prayer for bail stands rejected.

(Madhuresh Prasad, J) shyambihari/- U T