Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79893 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rakesh Mahto, son of Mahesh Mahto Resident of Village - Bhaluahiya @ Bhalohiya, P.S.- Majorganj, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-06-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in jail since 10.07.2019 in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case as per the written report of Rameshwar Mehto, submitted before the S.H.O., Mejorganj is to the effect that daughter of the informant Antiya Devi was married with the petitioner on

Patna High Court CR. MISC. No.79893 of 2019(4) dt.19-06-2020 2/3 13.05.2018. Subsequently, there was a further demand of motorcycle and for non-fulfillment of the same, torture was inflicted upon daughter of the informant by the F.I.R named accused persons. It is further alleged that on 12.04.2019 the informant received information that his daughter is missing and when the informant went to the in-laws' house of his daughter none were present in the house but during search the dead body of his daughter was found lying in a bamboo clump situated in the south-east of the village with a saree wrapped around her neck and injury mark on her body.

It is submitted by learned counsel for the petitioner that there is no witness to the alleged occurrence. The allegation is omnibus and general against the entire in-laws family including the petitioner and the victim was mentally abrased and she committed suicide.

Learned counsel for the informant submits that within eleven months of the marriage, the victim has

Patna High Court CR. MISC. No.79893 of 2019(4) dt.19-06-2020 3/3 been killed and the accusation has been corroborated by the postmortem report.

Considering the fact that victim has been killed within eleven months of the marriage, the thrust of accusation is against the petitioner, being husband of the victim, this Court is not inclined to grant bail to the petitioner in connection with Mejorganj P.S. Case No. 66 of 2019, pending in the Court of learned Chief Judicial Magistrate, Sitamarhi.

According, the prayer for bail of the petitioner is rejected.

(Dinesh Kumar Singh, J) Shageer/- U T