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Patna High CourtCR. MISC./2854/2020rejected

Deepak Kumar Singh v. The State Of Bihar

2020-07-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2854 of 2020 Arising Out of PS. Case No.-58 Year-2019 Thana- TARAPUR District- Munger ====================================================== Deepak Kumar Singh son of Avinash Singh, resident of Village Saroun, P.S.- Tarapur, District- Munger.

... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Tarapur P.S. Case No. 58 of 2019 registered under sections 304B, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, the daughter of the informant, who was married to the petitioner in the year 2013, was done to death and the dead body was made to disappear. The case diary had been called for in the instant case and the same has been received.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the husband of the deceased. From the materials and prescriptions, which transpired in course

Patna High Court CR. MISC. No.2854 of 2020(7) dt.24-07-2020 2/3 of investigation, it would be evident that the deceased was under regular treatment of the doctor from 9th March, 2019 and having given birth to a child on 19th March, 2019, she was extremely weak. Further reference is made to the prescription dated 31.3.2019 to contend that the deceased died in course of treatment. Further with reference to the material transpired in course of investigation, the statement of the nurse and secret information received, it is further submitted that the deceased was taken to the hospital for treatment where she died. The petitioner has no criminal antecedent and he is in custody since 16.11.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and on going through the materials, the fact which has transpired in course of investigation is that as a result of dispute/fight between the petitioner and the deceased, the deceased consumed poison and died. The prescription dated 13.3.2019 mentions about the patient being brought dead.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail

Patna High Court CR. MISC. No.2854 of 2020(7) dt.24-07-2020 3/3 and, as such, the application for bail is rejected. (Partha Sarthy, J) sushma/- U