Rikesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28489 of 2022 Arising Out of PS. Case No.-781 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== RIKESH THAKUR Son of Late Binda Thakur Resident of Village - Serukahi, P.S.- Kanti (Panapur O.P.), District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2022 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner, Manoj Kumar, learned counsel for the informant and the APP who represents the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Sections 304(b) and 34 of the Indian Penal Code, in connection with Sessions Trial No. 277 of 2021 arising out of Kanti P.S. Case No. 781/2019. As per the prosecution story, the uncle of the deceased made allegation that on 'Deepawali' night, he came to know that his niece Kajal Kumari has been killed and her body was hanging on the fan. Subsequently, he went to the place of

Patna High Court CR. MISC. No.28489 of 2022(2) dt.08-09-2022 2/3 occurrence and thereafter FIR was lodged against the motherin-law, brother-in-law and sister-in-law of the deceased. Learned counsel for the petitioner submits that the petitioner is husband and has not been named in the FIR and subsequently the father of the deceased returned from Kanpur and he made allegation as also gave statement under Section 164 Cr.P.C. whereafter his name was also clubbed in the category of the accused. He further submits that the brother-inlaw and the sister-in-law have since been released on bail vide Cr. Misc. No. 58646 of 2021 on 9.5.2022.

Let the same be kept on record.

Learned counsel for the informant on the other hand submits that from the investigation, it has come to notice that it was the petitioner who was the man behind the alleged killing of the deceased whereafter he left the place for his private job and further also made allegation against his own mother, sisterin-law and brother of having conspired to kill his wife and he as such submits that it is the petitioner who is the culprit in the matter.

Considering the aforesaid case as emanated in the FIR/investigation and the statement made by the father of the deceased under Section 164 Cr.P.C., this Court is not inclined to

Patna High Court CR. MISC. No.28489 of 2022(2) dt.08-09-2022 3/3 grant him the privilege of bail which is accordingly rejected. The trial Court is directed to initiate/conclude the trial preferably within a period of one year.

(Rajiv Roy, J) Ravi/Ajay Singh U T