Patna High CourtCR. MISC./15014/2023rejected

Sarvodaya Kumar v. The State Of Bihar

2023-07-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15014 of 2023 Arising Out of PS. Case No.-554 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Sarvodaya Kumar Son Of Ramesh Singh R/V- Harpur Osti, P.S.- Mahua, District- Vaishali At Hazipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar No. 1 For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 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 304B, 201 of the IPC.

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 19.09.2022.

Patna High Court CR. MISC. No.15014 of 2023(4) dt.20-07-2023 2/2 Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that death was caused within seven years of marriage and during investigation several witnesses supported the prosecution version. As per Postmortem Report, which is annexed with case diary, wherein doctor opined cause of death is asphyxia due to strangulation. And as per Inquest Report several injuries were also found of the body of the deceased.

Having heard the learned counsel for the parties and considering the facts and circumstances that there is direct allegation against the petitioner of committing murder of the informant's daughter, 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 and conclude the same as soon as possible.

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