Rambabu Mahto @Ram Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2566 of 2024 Arising Out of PS. Case No.-226 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Rambabu Mahto @Ram Babu (Male) aged about 40 years, S/o Yogendra Mahto@Jogendra Mahto @ Jogendra Mahto, R/o village -Bajitpur Ward No. 16, P.S.-Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Dumra P.S. Case No. 226 of 2023 dated 30.04.2023 registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

3. The allegation against petitioner, who is the husband of the deceased, and her in-laws is that they used to demand one motorcycle in dowry and tortured the deceased due to nonfulfillment of the same. On 29.04.2023, the informant got information that his grand daughter (deceased) has been killed by her in-laws by administering poison.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2566 of 2024(6) dt.22-05-2024 2/3 petitioner is innocent and has been falsely implicated in this case. It is further submitted that the deceased had some mental issue due to which she was under depression. As per the F.I.R., dead body was recovered on 29.04.2023 but the F.I.R. was lodged on 30.04.2023 after due consultation. The petitioner never demanded any dowry. Lastly, it has been submitted that the petitioner is in custody since 01.05.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner. He submits that the informant in his restatement as well as witnesses have supported the case of the prosecution and allegation against the petitioner under Sections 304 (B), 201/34 of the Indian Penal Code is found to be true. As alleged that petitioner along with co-accused persons have killed the deceased by torturing her and administering poison for demand of dowry.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer of the petitioner for grant of bail is rejected.

8. The learned Trial Court is directed to take all

Patna High Court CR. MISC. No.2566 of 2024(6) dt.22-05-2024 3/3 endeavour to conclude the trial within one year from the date of receipt/production of a copy of this order without granting any necessary adjournment.

9. This application stands dismissed.

(Khatim Reza, J) prabhat/- U T