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Patna High CourtCR. MISC./27236/2023rejected

Hanuman Thakur v. The State Of Bihar

2023-06-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27236 of 2023 Arising Out of PS. Case No.-202 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Hanuman Thakur Son Of Nunu Thakur R/O Vill.- Rampatti, P.S.- Rajnagar, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajnagar P.S. Case No. 202 of 2022 dated 24.07.2022 lodged under Sections 304B, 302/ 34 of the I.P.C.

As per the prosecution case, the allegation against the petitioner alongwith his family members that he has killed his wife and, therefore, case has been lodged under Section 304B, 302/ 34 of the I.P.C.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that his wife is high temperament lady and in the stage of anger,

Patna High Court CR. MISC. No.27236 of 2023(2) dt.05-06-2023 2/2 she has taken the extreme step, which resulted into her death. Counsel submits that the allegation made in the F.I.R. is not correct and false. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 24.07.2022. Counsel submits that petitioner is suffering in this crime only being the husband. Counsel for the petitioner further submits that from the contents of the F.I.R. itself, it is crystal clear that the accused persons immediately after this occurrence got admitted the victim in the hospital.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after nine months from today and the Trial Court is directed to expedite the trial as early as possible. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T