Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40672 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== SUMIT KUMAR S/o Uday Singh R/o village-Kazibigha, P.S.-Nardiganj, Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner, learned Counsel for the informant and learned APP for the State. The petitioner is an accused in connection with Nardiganj P.S. Case No. 104 of 2022 registered for the offences under sections 304(B), 201 and 34 of the Indian Penal Code lodged on 27.04.2022 by the informant, Kumkum Devi. As per the prosecution story, the present petitioner was married to the deceased lady in 2021 but thereafter the informant side has started threatening her which was conveyed to the informant side. On the alleged night, the petitioner informed the informant that she has sustained injuries due to motorcycle accident. On this, they went to the accused's place but was informed that she is being treated at hospital. Later, the informant came to know about the death of the deceased daughter as she had multiple injuries. Suspecting killing. The

Patna High Court CR. MISC. No.40672 of 2023(2) dt.21-07-2023 2/2 FIR.

Learned Counsel for the petitioner submits that an accident has been converted into killing for which he is suffering, he himself took the lady to the hospital where she succumbed to the injuries.

Learned Counsel for the informant, on the other hand, has drawn the attention to this Court, the observation of the learned Session Judge to show that on perusal of Postmortem Report, several injuries were found on the person of the deceased which indicated struggle on the part of the deceased lady prior to infliction of fatal injury.

Considering the submissions put forward by the rival parties as also observation made by the learned Session Judge, this Court is not inclined to extend him privilege of bail, which is accordingly rejected.

The Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year. (Rajiv Roy, J) Neha/- U T