Shyam Sunder Rishidev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4507 of 2024 Arising Out of PS. Case No.-108 Year-2022 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Shyam Sunder Rishidev son of Lakhan Rishidev @ Lakhan Rishi Villagelalkaniya Lalsona Ps- Kochadhaman Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Madan Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2024 This is the second attempt of the petitioner for grant of regular bail as earlier the application of the petitioner for grant of regular bail was rejected vide order dated 9.12.2022 passed in Cr. Misc. No. 55729 of 2022.

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

3. The petitioner seeks bail in connection with Kochadaman P.S. Case No. 108 of 2022 registered for the offence under Sections 302, 120B, 201/34 of the Indian Penal Code.

4. The following order was passed on 9.12.2022:- The matter has been heard through video conferencing.

2. Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned Additional Public

Patna High Court CR. MISC. No.4507 of 2024(3) dt.21-03-2024 2/2 Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner seeks bail in connection with Kochadhaman PS Case No. 108 of 2022 dated 01.05.2022, instituted under Sections 302, 201, 120B/34 of the Indian Penal Code.

4. The allegation against the petitioner is that he had killed his wife and tried to destroy the evidence.

5. Learned counsel for the petitioner submitted that the couple were married for 15 years and there was no occasion for him to kill the wife. It was submitted that the petitioner is in custody since 09.05.2022.

6. Learned APP submitted that in the FIR itself, it has come that the petitioner had two wives and the deceased used to be beaten up by the petitioner and the other wife. Further, it was submitted that the postmortem reveals that the deceased was strangulated to death.

7. Having considered the submissions of learned counsel for the parties and taking into account the evidence which has come during investigation, the Court is not inclined to enlarge the petitioner on bail.

8. Accordingly, the application stands dismissed.

5. Considering the facts of the case, this Court does not find any ground to review the earlier order.

6. Accordingly, this application is dismissed.

7. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest. (Sandeep Kumar, J) Vikas/- U T