Ravi Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7216 of 2023 Arising Out of PS. Case No.-189 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== RAVI KUMAR @ SURAJ KUMAR Son of Kishori Show Resident of village - Singhiya, P.S.- Naya Ram Nagar, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 29.09.2022 in connection with Naya Ram Nagar P.S. Case No. 189 of 2021, F.I.R. dated 05.11.2021 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated. Petitioner

Patna High Court CR. MISC. No.7216 of 2023(3) dt.21-06-2023 2/2 has not committed any offence as alleged in the FIR. Learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the postmortem report as well as the viscera report of the deceased suggest that the deceased had died due to poison and result of examination of F.S.L.that "Aluminium Phosphide was detected in the contents of each plastic dibba as described in the report. Aluminium Phosphide is commercially known as 'CELPHOS' is a severe gastro-intestinal irritant. It is used as a grain preservative and is highly poisonous". Further submits that there is direct allegation against the petitioner. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Naya Ram Nagar P.S. Case No. 189 of 2021 pending in the court of learned Chief Judicial Magistrate, Munger.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T