Mohit Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87236 of 2024 Arising Out of PS. Case No.-409 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Mohit Jha S/o- Kedar Jha Resident of Village- Dharmpur Jarang PS- Vaishali Belsar OP, Dist- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramchandra Singh, Adv For the Opposite Party :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Vaishali (Belsar O.P) P.S Case No. 409/2023 dated 21.09.2023 registered for the offence punishable u/s 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter by strangulation due to non-fulfillment of demand of Rs. 2 lac as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.87236 of 2024(2) dt.13-12-2024 2/2 petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.04.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased. In para. 40 of the case diary, the post-mortem report is mentioned where, the cause of death is due to strangulation.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with S.Tr. No. 689/2024 arising out of Vaishali (Belsar O.P) P.S Case No. 409/2023, pending in the court of learned A.D.J.XII, Vaishali at Hajipur.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T