Patna High CourtCR. MISC./32231/2018rejected

Ramesh Mahto v. The State Of Bihar

2018-08-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32231 of 2018 Arising Out of PS.Case No. -252 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Ramesh Mahto, S/o Ram Chandra Mahto, Resident of Village - Pakri Kesho, P.S. - Gaighat, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The petitioner is husband of the victim of dowry death. Marriage was solemnized on 11.04.2011 and the death occurred on or before 10.11.2017. Allegation is of demand of dowry and torture for the same soon before death. The dead body was disposed of without postmortem examination. Submission is that the petitioner is in custody since 13.04.2018. The victim died of illness which would be evident from the prescription at Annexure-2. Further submission is that family members of the victim had participated in the

Patna High Court Cr.Misc. No.32231 of 2018 (4) dt.28-08-2018 2/2 cremation of the dead body and after 7 days lodged the case, just to pressurize.

The witnesses have supported the allegation of demand of dowry and torture for the same before the police. Considering the presumption of law against the petitioner, I am not inclined to enlarge him on bail in connection with Gaighat Police Station Case No. 252 of 2017 pending in the court of learned 16th Sub-Judge-cum-Additional Chief Judicial Magistrate, Muzaffarpur.

Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial.

(Birendra Kumar, J) Kundan/- U T