Ritesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25124 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- BIHTA District- Patna ====================================================== RITESH SINGH Son of Dashrath Singh R/V- Bishunpura, PS- Bihta, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Krishna For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Bihta P.S. Case No. 424 of 2022 instituted for the offence under Sections 304(B), 302/34 of the Indian Penal Code. As per allegation in the FIR, the informant alleged that her daughter was married with the petitioner thereafter, the petitioner along with his family members subjected her to cruelty due to non-fulfillment of dowry demand. Ultimately, on 3.5.2022 the informant came to that her daughter was burnt to death committed by the petitioner along with his family members. Thereafter, the present FIR has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is husband of the deceased due to which he has falsely been

Patna High Court CR. MISC. No.25124 of 2023(3) dt.24-07-2023 2/2 implicated in this case. There is no prior complaint regarding demand of dowry or torture the deceased by the petitioner. No specific allegation has been made against the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 1.4.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is husband of the deceased upon whom the full responsibility to keep his wife well. Postmortem report annexed with the case diary, corroborates the prosecution case in which cause of death is opined due to Asphyxia as a result of burn injury (90%) which leads to Cardio Pulmonary arrest. It is further submitted that witnesses of this case have also supported the prosecution. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T