Rahul Kumar @ Rahul Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20635 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Rahul Kumar @ Rahul Ray Son of Kamta Yadav Resident of VillageHabbipur, P.S.- Chandauti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 25.10.2018 has filed the instant application for grant of bail in connection with Chandauti P.S. Case No. 180 of 2018 registered for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code.

The allegation against the petitioner who happens to be the husband of the deceased is of torture etc. and ultimately killing of the daughter of the informant. It is also alleged by the informant that white foam was seen coming out of his daughter's mouth.

It is submitted by learned counsel for the petitioner that it was the petitioner himself who informed the informant

Patna High Court CR. MISC. No.20635 of 2019(6) dt.07-08-2019 2/2 with respect to the death of his daughter which appears to be a mishap. Further no injury was found on the body of the deceased and it is for this reason that the parties have arrived at amicable settlement.

The application for bail was opposed by learned APP for the State submitting that the petitioner happens to be the husband of the deceased. The allegation is of the deceased being poisoned which is substantiated from the post-mortem report from which it transpires that the stomach was congested with a few haemorrhagic spots and contains about 30 ml of turbid fluid with offensive smell.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail. The application for bail is rejected.

(Partha Sarthy, J) Prakash/- U T