Santosh Prasad @ Santosh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15594 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- DARPA District- East Champaran ====================================================== Santosh Prasad @ Santosh Mahto Son Of Aami Chand Mahto Resident Of Village - Pipra Purwari Tola, P.S.- Darpa, District - East Champaran At Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 323, 504, 506, 34 of the Indian Penal Code.

The accusation is of killing the sister of the informant by putting poison in her mouth for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.15594 of 2022(6) dt.06-02-2023 2/3 been implicated in this case. The petitioner is husband of the deceased. There is general and omnibus allegation against the petitioner. The marriage took place in the year, 2014. The victim had earlier filed a case against the petitioner in which the matter was amicably settled between the parties and they were leading a happy conjugal life. The deceased died natural death and the family members of the deceased were informed to attend the last rites of the deceased. The petitioner is languishing in custody since 27.09.2021.

Vide order dated 12.07.2022, case diary and viscera report were called for from the learned Court below.

The case diary as well as viscera report are available with the records.

The viscera report suggests that Aluminium Phosphide, which is commercially known as Celphos, a highly poisonous substance was detected.

Considering the fact that poisonous substance

Patna High Court CR. MISC. No.15594 of 2022(6) dt.06-02-2023 3/3 was found in the viscera report, this Court is not inclined to grant privilege of bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

Let the viscera report be returned to the court concerned.

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