Baban Mandal @ Baban Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1257 of 2024 Arising Out of PS. Case No.-134 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Baban Mandal @ Baban Kumar Mandal S/O Birendra Mandal VillageKharsand Purvi Ward No. 4, Ps. Kalyanpur, Dist. Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, A.P.P.

Mr.Bijay Bhushan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2024 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 304(B), 201, 120(B) of the Indian Penal Code.

3. As per F.I.R., this petitioner alongwith other accused persons tortured the daughter of informant due to nonfulfillment of demand of dowry and lastly, committed her murder and when her dead-body was being cremated, the informant alongwith police personnel arrived there and half burnt dead-body of deceased was recovered.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely

Patna High Court CR. MISC. No.1257 of 2024(4) dt.03-04-2024 2/3 because he happens to be husband of the deceased. At the time of occurrence, petitioner was in State of Maharashtra for his livelihood and after getting the knowledge that his wife got burnt during preparation of food, he came at his house by train. Petitioner never made any demand of dowry. Learned counsel further submits that though, there is allegation that due to nonfulfillment of demand of dowry, the daughter of informant was done to death by burning, but in the opinion of the doctor, the cause of death is due to poisoning. Petitioner is in custody since 03.08.2023.

5. However, learned counsel for the State and informant vehemently opposed the bail petition. Learned counsel for the informant submits that petitioner is husband of the deceased and there is specific and direct allegation against petitioner that he alongwith other family members demanded dowry and due to non-fulfillment of the same, committed the murder of daughter of the informant. The deceased died in an unnatural circumstances within seven years of marriage at her matrimonial home.

6. Considering the aforesaid facts and circumstances as well as the fact that petitioner is husband of the deceased and there is specific and direct allegation of dowry, the prayer for

Patna High Court CR. MISC. No.1257 of 2024(4) dt.03-04-2024 3/3 bail of petitioner is rejected.

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