Bipin Kumar @ Bipin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11767 of 2024 Arising Out of PS. Case No.-732 Year-2022 Thana- MANER District- Patna ====================================================== Bipin Kumar @ Bipin Rai Son of Rajkumar Ray @ Raj Ray @ Raj Kumar R/o vill - Sherpur, P.s. - Maner, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nandu Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 498A, 328, 302/34 of the Indian Penal Code.

3. Prosecution case, in brief, is that the daughter of the informant Chandrabati Devi (deceased) was married to the petitioner and after marriage, all the F.I.R. named accused persons including this petitioner used to harass her for dowry. It is further alleged that this petitioner had illicit relationship with his sister-in-law and when the deceased protested, this petitioner assaulted and harassed her physically and mentally. It is further alleged that all the accused persons conspired and gave poison to the deceased as a result of which she died during treatment.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11767 of 2024(3) dt.10-04-2024 2/2 informant is not an eye witness of the occurrence and this petitioner and his entire family has been made accused only on suspicion. He next submits that the deceased died during treatment in presence of the family members of the informant which itself falsifies the entire prosecution case. Chargesheet has already been submitted. Petitioner is in custody since 05.04.2023.

5. Learned A.P.P. for the State opposed the bail application and submitted that petitioner is husband of the deceased. Inquest report shows that the deceased died due to poisoning and during investigation, sufficient material has come to show that this petitioner along with other accused persons poisoned the deceased resulting in her death.

6. Considering the nature of accusation and gravity of the offence, the regular bail application of the petitioner stands rejected.

(Prabhat Kumar Singh, J) Navya/- U T