Patna High CourtCR. MISC./77294/2023bail rejected

Mukesh Mahto v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77294 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== MUKESH MAHTO Son of Haldhar Mahto @Hardeo Mahto R/o vill - Hasanpur Bagar, P.S. - Nowkothi, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the parties.

2. The petitioners seek regular bail in connection with Nawakothi P.S. Case No. 61 of 2023 registered for the offence under Sections 304(b), 302 / 34 of IPC.

3. It is a case of dowry death of the daughter of the informant due to non-fulfillment of dowry demand by the petitioner accused persons.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. They are is custody since 21.08.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR, case diary alongwtih postmortem

Patna High Court CR. MISC. No.77294 of 2023(3) dt.13-03-2024 2/2 report and impugned order dated 19.09.2023 passed by learned Additional Sessions Judge - III, Begusarai, it appears that on the basis of written report of the informant, Runu Devi FIR was registered under Sections 304B, 302/34 of IPC against two accused persons including the petitioner. On perusal of the post mortem report, it appears that death was caused due to asphyxia and the death was caused within three months after the marriage. In these circumstances, I am not inclined to grant bail to the petitioner.

7. Prayer is accordingly, rejected (Ramesh Chand Malviya, J) saurabhkr/- U T