Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34360 of 2022 Arising Out of PS. Case No.-266 Year-2019 Thana- MAHUA District- Vaishali ====================================================== SANTOSH KUMAR S/o Sh. Shivji Singh Resident of Village- Mahuasingh Rai, P.S.- Mahua, District- Vaishali, Bihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Section 304(b)/34 of IPC in connection with Mahua P.S. Case No. 266/2019. As per the prosecution story, the deceased lady was married to the petitioner herein but was tortured for dowry. The informant has narrated in the FIR that on 15.5.2019 when he went to her marital home, she showed injury sustained on her person.

The further allegation was that as he failed to fulfil the demand of an Alto car, she was regularly threatened. On 16.5.2019, he got information that she is no more. Accordingly,

Patna High Court CR. MISC. No.34360 of 2022(2) dt.13-09-2022 2/2 the case as aforesaid was instituted. As would be apparent, the petitioner is husband, had complete knowledge of the death of his wife and the FIR was lodged on 17.5.2019, he finally chose to walk into judicial custody three years later i.e. on 30.3.2022. Taking into account the fact that he being the husband, chose to evade arrest for three long years, this Court is not inclined to grant him the privilege of bail Accordingly, the bail application is rejected. (Rajiv Roy, J) Ravi/Ajay Singh U T