Patna High CourtCR. MISC./38421/2024bail rejected

Kundan Kumar Thakur v. The State Of Bihar

2024-10-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38421 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Kundan Kumar Thakur SON OF BALESHWAR THAKUR R/O- Pansalwa, P.S-Beldaur, in the district of Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kishanganj P.S. Case No. 84 of 2024 dated 10.03.2024 registered for the offences punishable under Section 304B read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused person are alleged to have tortured and hanged the daughter of the informant to death. The informant was informed about her daughter's death by son-in-law.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the husband of the deceased. There

Patna High Court CR. MISC. No.38421 of 2024(4) dt.03-10-2024 2/2 was love marriage between the petitioner and the victim. The charge-sheet has been submitted against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. As per the post-mortem report, the doctor has opined that the cause of death is due to asphyxia and shock as a result of hanging.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Kishanganj P.S. Case No. 84 of 2024, pending in the Court of leaned Chief Judicial Magistrate, Kishanganj.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T