Ram Manohar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27817 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- BEUR District- Patna ====================================================== RAM MANOHAR SINGH Son of Krishna Dev Singh Resident of village - Tejpratap Nagar, P.S. - Beur, Distt. - Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with Beur P.S. Case No. 479 of 2022 instituted for the offence under Sections 323, 341, 307, 328, 498A, 504/34 of the Indian Penal Code and section 3/4 of the D.P. Act and subsequently added section, 304B of the IPC.
3. As per allegation in the FIR, the informant alleged that his sister was married with the petitioner and thereafter, the petitioner along with his family members subjected her to cruelty due to non-fulfillment of dowry demand. On 22.9.2022, the informant came to know that his sister was assaulted thereafter, he admitted his sister in hospital but during treatment, she died.
Patna High Court CR. MISC. No.27817 of 2023(8) dt.25-01-2024 2/3
4. 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 implicated in this case. It is further submitted that the petitioner himself carried the deceased to the hospital, where she was admitted for treatment. As a matter of fact, the deceased consumed poison herself due to which she died. The petitioner has got no criminal antecedent and languishing in judicial custody since 27.9.2022.
5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the death of the informant's sister was caused within seven year of her marriage. The petitioner is husband of the deceased upon whom the full responsibility to keep his wife well. During the investigation, this fact also came to light that before her death, the deceased told to the informant that the petitioner had fed her some poisonous substance. According to the FSL report, Aluminium Phosphide is detected which is commonly know as Celphos and same is highly poisonous. It is further submitted the witnesses of this case have also supported the prosecution.
6. Having heard the learned counsel for the parties
Patna High Court CR. MISC. No.27817 of 2023(8) dt.25-01-2024 3/3 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.
7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.
(Sunil Kumar Panwar, J) Amandeep/- U T