Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12324 of 2024 Arising Out of PS. Case No.-327 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== Rahul Kumar S/O HEMANT PASWAN VILLAGE- GOTRAYAN, PS. NARDIGANJ, DIST. NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nardiganj P.S. Case No. 327 of 2023 registered on 16.09.2023 under Sections 304B of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against five named accused persons including the petitioner and his relatives against whom there is an allegation that they have killed the informant's daughter.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner

Patna High Court CR. MISC. No.12324 of 2024(3) dt.18-04-2024 2/3 is in custody since 23.09.2023 having no criminal case pending against him. He further submits that from the content of the F.I.R., it is very much clear the marriage of the petitioner was solemnized in 29.06.2023 and the present occurrence has taken place in 16.09.2023, that is, just within three months of marriage. Counsel submits that on earlier occasion, case diary has been called for and post-mortem report has been called for in which opinion of the doctor is that the death has been caused by asphyxia due to hanging. Counsel further submits that there is no allegation of torture made in the F.I.R.

5. Learned counsel for the State opposes the prayer for bail.

6. Counsel for the informant vehemently opposes the prayer for bail and submits that the demand of the Scorpio Car has been made and the victim was not liked by the husband and his relatives and just after three months dead body has been recovered

7. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner at present.

8. Trial Court is directed to conclude the Trial within nine months.

Patna High Court CR. MISC. No.12324 of 2024(3) dt.18-04-2024 3/3

9. However, petitioner is at liberty to renew his prayer for bail after nine months if trial is not concluded. (Dr. Anshuman, J) Sunnykr/- U