Deepak Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82134 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Deepak Mahto S/o- Dasaai Mahto Village- Bangra Ps- Kotwa Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Singh, Advocate For the State :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
3. It is a case of dowry death. Petitioner is husband of the deceased.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. It is further submitted that F.I.R. has been lodged after inordinate delay of one month only with a view to extort money. As a matter of fact, the deceased died due to ailment. Petitioner has got no criminal antecedents and he is in custody since 12.08.2024.
Patna High Court CR. MISC. No.82134 of 2024(2) dt.24-01-2025 2/2
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is husband of the deceased and named in the F.I.R. and there is specific and direction allegation that he, along with his family members, killed the deceased due to non-fulfillment of demand of dowry. It is further submitted that the deceased died an unnatural death at her matrimonial house within 7 years of marriage.
6. Considering the facts and circumstances of the case, nature of accusation and the fact that petitioner is husband of the deceased who died an unnatural death at her matrimonial house within 7 years of marriage, the prayer for grant bail of to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T