Mukesh Rajhans @ Mukesh Kumar Rajhans v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72595 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MUKESH RAJHANS @ MUKESH KUMAR RAJHANS Son of Late Surenu Mohan Rajhans @ Surendra Mohan Rajhans Resident of MohallaMurtujachak (Mritujachak), Mirjanhat, P.S.- Babarganj, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Mojahidpur (Babarganj) P.S. Case No.91 of 2019 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Bhagalpur.
The accusation is that on 28.03.2019 at about 10.45 P.M., the informant Pashupati Jha, who was at his working place at Purnea, received information from his son-in-law Mukesh Rajhans (petitioner) on mobile about falling of his daughter in a bathroom and taking her to Mayaganj Hospital, Bhagalpur, for treatment. The informant could not proceed for Bhagalpur due to non-availability of the conveyance and he informed his brother regarding the occurrence and asked him to come to Bhagalpur. On the next day, the informant
Patna High Court CR. MISC. No.72595 of 2019(3) dt.05-03-2020 2/2 reached at Mayaganj Hospital, Bhagalpur, where his brother also reached from Munger. On seeing the dead body of his daughter, the informant found ligature mark on her neck. The informant further claimed that the marriage of his daughter was performed with the petitioner on 29.02.2012 but, thereafter, she was being tortured for the dowry demand of motorcycle and cash RS.2,00,000/- by her sasural people.
Learned counsel appearing on behalf of the petitioner submits that after investigation, the police submitted the charge-sheet in the case under Sections 302/34 of the Indian Penal Code. In the post-mortem report of the daughter of the informant, the cause of her death is said to be asphyxia due to injury nos.1 and 2 found on her neck. The petitioner is in custody since 16.05.2019 Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T