Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8458 of 2023 Arising Out of PS. Case No.-883 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== MANTU KUMAR Son of Late Amrendra Kumar @ Nonu Jee R/vKisrampur, P.S.- Okri (Ghoshi), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mr. B.P. Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Jehanabad P.S. case No. 883 of 2022 instituted for the offence under Sections 304(b) of the Indian Penal Code. It is a case of causing death of his wife by the petitioner after administering the poison.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that marriage of petitioner was solemnized with the deceased in the year of 2010, hence no case u/s 304B of I.P.C is made out. There is no eye witness of the alleged occurrence and no consistent evidence

Patna High Court CR. MISC. No.8458 of 2023(6) dt.28-11-2023 2/2 against the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 04.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is husband of the deceased upon whom, ample responsibility to keep his wife well. It is also submitted that as per the postmortem report, the cause of death of the deceased has been preserved for the want of viscera and according to the Viscera report, organochloro pesticide was detected in the body the deceased which is used for killing pests in agriculture and is highly poisonous. It is further submitted that during investigation, witnesses of this case have also supported the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T