Prince Kumar @ Prince Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10589 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Prince Kumar @ Prince Kumar Sah Son Of Ram Niwas Sah Resident Of Village- Mahuwar, P.S.- Ramgarh, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-11-2022 Heard Ld. counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Ramgarh P.S. Case No. 234 of 2021, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution story as emerges from the FIR is that the petitioner, who is the husband of the deceased, along with other co-accused persons, had killed the deceased on account of non-fulfillment of demand of dowry. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.10589 of 2022(4) dt.28-11-2022 2/3 case only on the basis of suspicion. He further submits that there is no direct or circumstantial evidence to connect the petitioner with the alleged offence. There is general and omnibus allegation against the petitioner.

The petitioner has been languishing in jail since 28.09.2021.

It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.

It has further been stated in paragraph no. 3 that the petitioner has no criminal antecedent.

However, the Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. He further submits that the petitioner is the husband of the deceased and as per the post-mortem report, the death caused by strangulation.

Considering the aforesaid facts and circumstance, I am not persuaded to enlarge the petitioner on bail at this stage.

The application stands rejected accordingly.

Patna High Court CR. MISC. No.10589 of 2022(4) dt.28-11-2022 3/3 However, if the trial is not concluded within a period of six months, the petitioner may renew his prayer for bail.

Learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ramesh/- U T