Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26506 of 2015 Arising Out of PS.Case No. -93 Year- 2013 Thana -BELAGANJ District- GAYA ====================================================== Rajesh Kumar, son of Yugal Prasad, resident of Village - Sonpur, Police Station - Belaganj, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 07-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.7 of 2015, arising out of Belaganj P.S. Case No.93 of 2013, registered under Sections 498(A), 304(B) and 201/34 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-IV, Gaya.

The allegation is that Indu Devi, the daughter of the informant, Ram Bilash Mahto, was done to death by her husband (petitioner) and other in-laws due to non fulfillment of the dowry demand and they threw her dead body in a Jaumne river to disappear the evidence.

Patna High Court Cr.Misc. No.26506 of 2015 (3) dt.07-10-2015 2/2 Learned counsel appearing on behalf of the petitioner submits that the petitioner happens to be the husband of the deceased, the daughter of the informant. In fact, the deceased had taken some medicine due to which she became serious and she was rushed to the hospital but she died there in course of treatment and, thereafter, her dead body was brought near the river where at that time police also reached there. Earlier the prayer of the petitioner for bail was rejected by this Court vide order dated 04.03.2014 passed in Criminal Misc. No.917 of 2014 with a liberty to the petitioner to renew his prayer for bail after receipt of the viscera report.

The viscera report of the deceased, as called for vide order dated 27.07.2015 has been received which shows that Alliminium Phosphide was detected on the dead body of the deceased which is highly poisonous substance. Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T