Anil Kumar Mahto @ Anil Kr. Mahto @ ... vs The State Of Bihar
2021 Latest Caselaw 368 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32992 of 2020
         Arising Out of PS Case No.-125 Year-2018 Thana- KHAIRA District- Saran
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Anil Kumar Mahto @ Anil Kr. Mahto @ Anil Mahto, aged about 27 years, Son of Sri Uttim Mahto Resident of Village - Dharampur, P.S.- Khaira, District - Saran.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Bishwajeet Singh, Advocate For the State : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Bishwajeet Singh, learned counsel for the

petitioner and Mr. Sanjay Kumar Sharma, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with Khaira

PS Case No. 125 of 2018 dated 17.05.2018, instituted under

Sections 304B, 201/34 of the Indian Penal Code.

3. The informant who is the father of the deceased has

alleged that the petitioner, who was the husband of the deceased,

had killed her due to non-fulfillment of dowry and the body was

also made to disappear.

Patna High Court CR. MISC. No.32992 of 2020 dt.27-01-2021

4. Learned counsel for the petitioner submitted that

there was no foul play and the deceased was suffering from

serious heart ailment due to which she died and her family

members, including the informant, had also been informed and

had participated in the last rites. Learned counsel submitted that

though in the FIR, it has been admitted that the informant was

aware of such development at 8.00 AM on 17.05.2018, but the

FIR has been lodged at 4.15 PM. It was further submitted that

later the informant realized his mistake and has filed a

compromise petition before the Court below. It was submitted that

the petitioner is in custody since 27.11.2019.

5. Learned APP submitted that death has occurred

within two years of marriage and no case lodged by the petitioner,

being the husband, clearly indicates that there was foul play.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that there has not been sufficient explanation by the

petitioner with regard to how death occurred of a young girl who

was married only for two years. Further, if submission of learned

counsel for the petitioner is accepted that she was suffering from

serious heart ailment, it cannot be believed that for two years,

there was no occasion or requirement for her to go to any doctor Patna High Court CR. MISC. No.32992 of 2020 dt.27-01-2021

for treatment as no such plea has been taken and no medical

prescription has been brought on record and, thus, the petitioner

being aware that she was suffering from serious heart ailment due

to which she died, without there being a finding of a doctor, is

difficult to believe. Moreover, even in the compromise, the

informant has not stated that he participated in the last rites and a

young girl being cremated without waiting for the family

members itself raises serious concerns about the bona fide of the

petitioner.

7. In the aforesaid background, the Court is not inclined

to grant bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, as charges have already been framed, the

Court below shall expedite the trial.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T