Chandan Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51001 of 2016 Arising Out of PS.Case No. -208 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Chandan Kumar Rai, Son of Bideshi Rai, resident of Village- Rampur, P.S. Bakhri, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 03.6.2016 in connection with Bakhri P. S. Case No. 208 of 2015 registered for the offence punishable under Sections 304 (B) and 201/34 of the Indian Penal Code.
The prosecution case as lodged by the Grand father of the deceased, Roopam Kumari is that she was married to the petitioner in the year, 2013 and his family members assaulted her on demand of dowry and subsequently, a telephone call came that the deceased had consumed poison and thereafter, she died. It has been submitted by the learned counsel for the petitioner that he is innocent, has not committed any offence and
Patna High Court Cr.Misc. No.51001 of 2016 (3) dt.22-12-2016 2/2 his wife (deceased, Roopam Kumari) consumed poison, hence the petitioner has been named only on the basis of suspicion and that he has no criminal history.
However, learned A.P.P. for the State submits that the body of the deceased was disposed of by the petitioner and his family members. Neither she was taken to the hospital, nor post mortem done and witnesses have supported the prosecution case. Considering the facts and circumstances of the case and submission of the parties, I am not inclined to grant the privilege of bail at this stage.
This bail application is, accordingly, rejected. (Nilu Agrawal, J) Sudha/- U T