Dilip Kumar @ Tutun Kumar @ Dilip Mandal @ Dilip Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87308 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- SONO District- Jamui ====================================================== Dilip Kumar @ Tutun Kumar @ Dilip Mandal @ Dilip Kumar Mandal Son of Shri Sita Ram Mandal Resident of village- Amjhari, P.S- Sono, DistrictJamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunil Mandal Son of Jhaman Mandal village- Harahanja, Po- Chhapa, Psjhajha, Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navendu Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-04-2025 Heard learned Counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner makes a prayer for bail in connection with Sono P.S. Case No.157 of 2023 for offences under Sections 498(A), 304(B), 120(B) and 201/34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.

3. From a perusal of the First Information Report, it would appear that it is a case under Section 304B and the petitioner happens to be the husband of the deceased, upon whom the allegation is that of demand of Rs. 5 lakh and a motorcycle.

Patna High Court CR. MISC. No.87308 of 2024(3) dt.04-04-2025 2/3

4. Learned counsel for the petitioner submits that although he happens to be the husband of the deceased, there was no demand of dowry or cruelty meted upon the deceased. There may be some matrimonial quarrel for which a Panchayati was held between the parties and earlier a compromise had also taken place between the parties. It is the further submission of the petitioner that a perusal of the post-mortem report would also show that there is some discrepancy in the time of death of the deceased, which would not match to the allegations leveled against the petitioner. He also submitted that the co-accused of this case, being the father of the petitioner has also been granted the privilege of bail and the petitioner is in custody since 18.05.2023.

5. However, the learned counsel for the State and Informant submits that the inquest report of the deceased shows that her legs were tied with a sari and there were black mark on the left arm and wound on several parts of the body of the deceased. The post-mortem report of the deceased also shows that the death has been caused by cardio respiratory failure due to the injuries, which are in the nature of abrasions, bruises and swelling on certain parts of the body. Learned counsel for the Informant further submits that so far as the stage of the case is

Patna High Court CR. MISC. No.87308 of 2024(3) dt.04-04-2025 3/3 concerned, all the private witnesses of the case have been already been examined and it is only the Investigating Officer who remains to be examined.

6. In such view of the matter and considering the stage of the case that it has reached almost the fag end and also considering that the petitioner happens to be the husband of the deceased, I am not inclined to grant the petitioner the privilege of regular bail. Hence, the prayer for bail is rejected. (Soni Shrivastava, J) sharun/- U T