Mantu Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9770 of 2015 Arising Out of PS.Case No. -50 Year- 2013 Thana -BARAULI DistrictGOPALGANJ ====================================================== Mantu Upadhyay Son of Late Vyas Upadhyay R/o Village Sisai, P.S. Barauli, District Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Roy, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2015 Heard both sides.

The petitioner seeks bail in Barauli P.S. Case No. 50 of 2013, registered for the offences punishable under Sections 302, 328 and other Sections of the Indian Penal Code. The wife of the deceased made allegation that Amit Upadhyay took her husband on the pretext that his father is calling. When her husband came, he disclosed the name of the petitioner Amit Upadhyay, Kameshwar Nath Upadhyay, Mantu Upadhyay and Arun Sah and stated that they all poisoned him that is why his condition was deteriorated.

Learned counsel for the petitioner submits that two and half months prior to the offence, the deceased filed informatory petition stating therein that his wife happens to be sister-in-law of

Patna High Court Cr.Misc. No.9770 of 2015 (4) dt.27-04-2015 2/2 his own brother. His wife has got illicit relation with the brother of the deceased and the deceased apprehended danger of life from the hands of his wife and brother. The wife herself killed the deceased. There is no eye-witness of the occurrence that the petitioner was also taking wine with the deceased. On the other hand, learned counsel for the informant as well as learned counsel for the State submitted that almost all the witnesses have stated that the deceased disclosed that he along with petitioner and others took wine and they mixed poison. The FSL report shows that there was phosphorous in the viscera which caused death.

Having considered the facts that the deceased himself disclosed before his death that the petitioner and others mixed poison in the wine of the deceased and consequently the deceased died. During course of investigation almost all the witnesses have stated that the deceased disclosed this fact before them. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi/- U T