Balwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13727 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- BARH District- Patna ====================================================== BALWANT KUMAR S/O Ranjeet Yadav @ Ranjeet Kumar Singh R/O Village- Dhakwahachak, P.S- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he committed murder of the informant's sister and the petitioner is alleged to be husband of the deceased. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and their marriage was solemnized about ten years ago but on suspicion he has falsely been implicated in this case. He has got no criminal antecedent. The informant is not an eye witness of the

Patna High Court CR. MISC. No.13727 of 2023(3) dt.11-07-2023 2/3 alleged occurrence. It is further submitted that the petitioner is languishing in judicial custody since 15.08.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has the main responsibility to keep his wife with proper honour and dignity but he did not do so. During investigation witnesses also supported the prosecution version and as per Postmortem Report, which is annexed with case diary wherein doctor opined cause of death is cardio respiratory failure due to spinal cord injury and haemorrhage in its side of lungs.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of committing murder of his wife, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial within the period of nine months.

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

Patna High Court CR. MISC. No.13727 of 2023(3) dt.11-07-2023 3/3