Jagmohan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31764 of 2015 Arising Out of PS.Case No. -54 Year- 2013 Thana -DORIGANJ District- SARAN ====================================================== JAGMOHAN RAI SON OF VISHWANATH RAI, RESIDENT OF VILLAGE JAGDISHPUR, P.S.-KHAIRA, DISTRICT-SARAN AT CHAPRA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner is the husband of deceased. Dead body was recovered from a river and as per postmortem report, the death was on account of asphyxia due to strangulation. Para-63 contains the statement of Guriya Kumari, daughter of deceased as well as petitioner on this very score.

It has been submitted on behalf of petitioner that deceased, while was pregnant developed some sort of complicacy and on account thereof, died on 24.05.2013. To support the same Annexure-2 a certificate has been filed. It has also been submitted that the prosecution party intentionally, on account of dispute having in between over question of maintenance of son and daughter of deceased, searched out a dead body of a stranger being in decomposed condition and claimed it to be that of his sister. So, submitted that petitioner's prayer for bail be acceded with.

Patna High Court Cr.Misc. No.31764 of 2015 (3) dt.14-10-2015 From the postmortem report, it is evident that though doctor had opined that the dead body was in advance stage of decomposition but it had not been observed that the dead body was non-identifiable.

Taking into account the nature of allegation in consonance with the status of the petitioner to be husband, prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) PN/- U T