Patna High CourtCR. MISC./11537/2023rejected

Kundan Singh v. The State Of Bihar

2023-06-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11537 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- RISIYAP District- Aurangabad ====================================================== KUNDAN SINGH S/o Late Pramod Singh R/o Village- Karma, P.S.- Risiap, Distt- Aurangabad(Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Informant :

Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 30.08.2022 in connection with Risiup P.S. Case No. 84 of 2022, F.I.R. dated 30.07.2022 for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. Allegation against the petitioner is that he along with his family members killed the daughter of the informant on the pretext of non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis that the petitioner is the

Patna High Court CR. MISC. No.11537 of 2023(3) dt.26-06-2023 2/2 husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. The learned counsel for the informant and learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. is supported by the medical evidence and the medical evidence (postmortem report) of the deceased suggest that 100% body burned.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Risiup P.S. Case No. 84 of 2022 pending in the court of learned Chief Judicial Magistrate, Aurangabad.

Prayer is refused.

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