Patna High CourtCR. MISC./26295/2023rejected

Dil Kumar Singh v. The State Of Bihar

2023-07-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26295 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== DIL KUMAR SINGH S/O BIMALA PRASAD SINGH R/O Village- More Dehri, P.S- Jamhore, Distt.- Aurangabad, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 20.11.2021 in connection with S. Tr. No.280/2022/197/2022, arising out of Jamhore P.S. Case No.164/2021, dated 23.10.2021, for the offences punishable under Sections 341, 323, 307, 498A, 504, 506/34 of the IPC and later on Section 304(B) of the IPC was added.

3. According to prosecution case, the petitioner along with other co-accused persons are alleged to have committed murder of the deceased due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.26295 of 2023(3) dt.25-07-2023 2/2 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation as well as postmortem report that the cause of death has been mentioned in the postmortem report:-Asphyxia due to hanging.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No.280/2022/197/2022, arising out of Jamhore P.S. Case No.164/2021, pending in the Court of learned 7th Additional District and Sessions Judge, Aurangabad.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T