Rakesh Dwivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10450 of 2023 Arising Out of PS. Case No.-521 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Rakesh Dwivedi S/O Mahesh Dwivedi Resident Of Village- Datapur, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner works in the Axis Bank and at the time and date of occurrence, he

Patna High Court CR. MISC. No.10450 of 2023(5) dt.07-08-2023 2/3 was at Axis Bank and immediately after receiving burn injuries, the victim was taken to the hospital and the informant was informed about the incidence. During investigation also, the police found that on the alleged date and time of occurrence, the petitioner was at not present. The petitioner is languishing in custody since 20.07.2022.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The death of the deceased was due to burn injury which is an abnormal circumstance. The deceased died within seven years of marriage. The postmortem report and the independent witnesses have also supported the case of the prosecution.

Considering the fact that petitioner is husband of the deceased and the death occurred within seven

Patna High Court CR. MISC. No.10450 of 2023(5) dt.07-08-2023 3/3 years of the marriage, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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