Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26639 of 2023 Arising Out of PS. Case No.-647 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== DHEERAJ KUMAR Son of Late Subodh Singh Resident of village - Babhantoli (Rajauli), P.S. - Rajauli, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv Mr. Vaishnavi Singh Mr. Ritwik Thakur For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 647 of 2021 registered for the offence under Sections 328, 304(B), 498A read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that deceased was being treated at Vardhman Institute of Medical Sciences, Pawa Puri, Nalanda which is a government facility. The deceased was admitted in the hospital on 09.12.2021 and the report of the Sud-Divisional Hospital, Rajauli shows that it was a case of poisoning. Thereafter on 10.12.2021 the informant get the deceased discharged from the hospital. The post-mortem

Patna High Court CR. MISC. No.26639 of 2023(2) dt.23-05-2023 2/2 report shows that the deceased was killed by throttling. It seems that the deceased had died after being discharged from the government facility and therefore the police is required to enquire as to who killed the deceased when her father had taken her away from the government facility for better treatment and therefore the petitioner is not involved in killing of his wife in any way.

Learned counsel for the petitioner also submits that the petitioner is in custody since 03.01.2022. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIII, Nawada in connection with Rajauli P.S. Case No. 647 of 2021.

(Sandeep Kumar, J) Vikas/- U T