Dharmveer Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22448 of 2023 Arising Out of PS. Case No.-877 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== DHARMVEER KUMAR Son of Rajo Mandal @ Nagraj Mandal Resident of Bhola Tola English Ward No. 02, Police Station and District-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 877 of 2022 dated 31.10.2022 registered for the offence under Sections 302, 201, 120(B) of the Indian Penal Code and Sections 3, 4, 5, and 6 of the Immoral Traffic Prevention Act, 1956.
The petitioner is alleged to have thrown the deceased from the fourth floor when she denied to carry out the immoral act on the pressure of the petitioner due to which she died during course of treatment.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that
Patna High Court CR. MISC. No.22448 of 2023(4) dt.28-08-2023 2/2 the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. The petitioner is rotting in judicial custody since 07.11.2022. Learned A.P.P. for the State on the other hand based on material available in the case diary, vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner that he and other accused persons have forced the victim to participate in the immoral act but when she denied, the petitioner has thrown her from the 4th floor of the house due to which she died.
Considering the facts and circumstances of the case and the rival submission of the parties, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. (Rajesh Kumar Verma, J) brajesh/- U T