Neeraj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.453 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Neeraj Kumar Mandal Son of Pancham Mandal Village Bengwahi, PS Raniganj, District Araria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Kumar Ravish, Advocate For the State :

Dr. Kumar Uday Pratap, APP For the Informant :

Mr. Amit Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 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 and 34 of the Indian Penal Code.

3. It is a case of dowry death.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is husband of the deceased. It is next submitted that the petitioner has not committed any offence and he has been made an accused in this case merely because he happens to be husband of the deceased. There are no eye-witnesses of the occurrence and as per postmortem report, there is no external

Patna High Court CR. MISC. No.453 of 2024(3) dt.21-03-2024 2/2 injury on the person of the deceased and cause of death is asphyxia, as a result of hanging. It is further submitted that as a matter of fact, it is a case of suicide by the victim without any role of this petitioner. Petitioner claims clean antecedents and he is in custody since 25.04.2023.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is husband of the deceased and due to demand for dowry, the deceased was killed by all the named accused persons and death of the deceased is not a natural death.

6. Considering the rival submissions and nature of accusation, the prayer for grant bail of to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T