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Patna High CourtCR. MISC./10708/2022bail rejected

Akhilesh Singh v. The State Of Bihar

2022-12-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10708 of 2022 Arising Out of PS. Case No.-503 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== AKHILESH SINGH S/o Late Jaga Singh @ Jagannath Bhagat R/o villageSenduari, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant who was married to the petitioner herein was tortured and done to death for non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only because of his being the husband of the deceased. The relationship between the parties was cordial and they were blessed with two children. The informant participated in the cremation of the deceased and the F.I.R. is as a result of an afterthought. The petitioner is in custody since 13.6.2021 and

Patna High Court CR. MISC. No.10708 of 2022(3) dt.19-12-2022 2/2 undertakes to cooperate in the trial.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties, on perusal of the material on record, it transpires that the petitioner happens to be the husband of the deceased. Further, from the contents of the post-mortem report, it transpires that the cause of death is said to be asphyxia due to strangulation. In the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T