Manish Kumar @ Manoranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33165 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- KAKO District- Jehanabad ====================================================== MANISH KUMAR @ MANORANJAN KUMAR S/o Munarik Prasad @ Munarik Yadav R/o village- Pahalbigha, P.S.- Kako, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj Mr. Soni Shrivastava Mr. Gaurav Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kako P.S. Case No. 163 of 2021 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. As per prosecution case, petitioner married with the deceased four years ago. It is alleged that on 20.10.2021 informant got information that his niece has been killed by administering poison and when she did not die of poison then petitioner and others committed the murder of informant's niece by strangulation.

Patna High Court CR. MISC. No.33165 of 2022(4) dt.16-01-2023 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 01.02.2022 and bears no criminal antecedent. He further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that deceased was mentally ill and petitioner did everything to support the deceased to recover from mental illness.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that there is allegation against the petitioner and others to commit the murder of informant's niece when she did not die on account of administering poison then she was being strangulated and FSL report supports that death was on account of administering poisonous substance.

Considering the facts and circumstances of the case, petitioner being husband of the deceased, nature of allegation levelled against the petitioner coupled with FSL report as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the learned trial court is directed to conclude the trial within six months from the date of receipt/production of copy of this order to the court concerned.

Patna High Court CR. MISC. No.33165 of 2022(4) dt.16-01-2023 3/3 If the trial is not concluded within the stipulated period, petitioner may renew prayer of bail.

(Alok Kumar Pandey, J) vashudha/- U T