Patna High CourtCR. MISC./10909/2023rejected

Mannu Kumar v. The State Of Bihar

2023-07-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10909 of 2023 Arising Out of PS. Case No.-425 Year-2021 Thana- BELHAR District- Banka ====================================================== Mannu Kumar S/O Sri. Upendra Choudhary R/v- Ghogha, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 17.12.2021 in connection with Sessions Trial No. 253 of 2022 arising out of Belhar P.S. Case No. 425 of 2021, F.I.R. dated 16.12.2021 registered for the offences punishable under Section 302 of the Indian Penal Code.

Allegation against the petitioner is that he strangulated his wife to death.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case merely on the basis of suspcion and the informant is not an eye witness of the alleged occurrence and no one has seen the occurrence. He further

Patna High Court CR. MISC. No.10909 of 2023(3) dt.13-07-2023 2/2 submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 17.12.2021.

Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the father of the petitioner is the informant in the present case and he alleges that his son has killed his daughterin-law and the allegation as alleged in the F.I.R. is supported by the medical evidence (postmortem report).

Considering the aforesaid facts and there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 253 of 2022 arising out of Belhar P.S. Case No. 425 of 2021 pending in the Court of learned Additional Sessions Judge-III, Banka. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T