Prahalad Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71155 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== PRAHALAD MAHALDAR Son of Late Jagdish Mahaldar Resident of Mohalla-Madhubani, Mahaldar Tola, P.S-K.Hat (Madhubani), District-Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2020 Heard both sides.
The petitioner seeks bail in K.Hat(Madhubani) P.S. Case No.350 of 2019 registered under Sections 498A, 302 and 34 of the Indian Penal Code.
The informant, father of the deceased, alleged that after ten years of marriage, the husband of his daughter developed illicit relation with a neighbour and thereafter started demanding dowry. The husband of the deceased with the help of Reena Devi killed his daughter.
The learned counsel for the petitioner submits that petitioner is of course the husband of the deceased but during the course of investigation, most of the witnesses have stated that on account of storm, the hut fell down and the deceased got injuries on her neck and died but it appears from perusal of the
Patna High Court CR. MISC. No.71155 of 2019(3) dt.05-03-2020 2/2 post-mortem report itself that the deceased died on account of asphyxia due to strangulation and her bone was broken on account of strangulation. On account of fall of hut, such injuries cannot be caused.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T