Patna High Court - Orders
Munir vs The State Of Bihar on 13 April, 2017
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12115 of 2017
Arising Out of PS.Case No. -118 Year- 2016 Thana -KADWA District- KATIHAR
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1. Munir Son of Md. Mojibul, Resident of Village Nazirpur, Police Station-
Balia Belone (Kadwa), District- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Najeeb Ahmad
For the Opposite Party/s : Mr. Sri Rajkishore Singh
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
3 13-04-2017Heard both sides.
The petitioner seeks bail in Kadwa (Balia Belone) P.S. case No. 118 of 2016 under Section 328, 304B, 120B of the Indian Penal Code and under Section ¾ of Dowry Prohibition Act.
The informant, father of the deceased, alleged that two years ago his daughter was married to the petitioner but the petitioner and his family members were torturing his daughter due to non fulfillment of demand of dowry. The informant further alleged that petitioner and others poisoned his daughter to death.
The learned counsel for the petitioner submits that petitioner and deceased fell in love with each other and solemnized marriage without any dowry. The petitioner is a labourer and he is not well off. The wife picked up some quarrel Patna High Court Cr.Misc. No.12115 of 2017 (3) dt.13-04-2017 2/2 and that is why she consumed poison but from perusal of the FIR and case diary, it appears that on account of dowry the petitioner used to torture his wife and consequently she was poisoned to death.
Considering the facts aforesaid and the fact that petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) BKS/-
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