Kundan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45751 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- TETERHAT District- Lakhisarai ====================================================== Kundan Saw Son of Anil Saw @ Anil Sah Resident of Village - Tarapur, P.S. - Tarapur, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Tetarhat P.S. Case No. 107 of 2020, registered for the offence punishable under Sections 498A, 324, 307 of the Indian Penal Code. Later on, section 302 of IPC was added.

As per the prosecution case, this petitioner is alleged to have stabbed informant with knife as a result of which she sustained multiple injuries. Later on, during course of treatment she died.

It is submitted on behalf of the petitioner that petitioner is husband of deceased and he has falsely been implicated in this case. Entire allegation is false and concocted and no such occurrence has ever taken place. In fact, deceased

Patna High Court CR. MISC. No.45751 of 2021(3) dt.04-01-2022 2/2 wanted to live separately from her husband. Petitioner is in custody since 31.10.2020 having no criminal antecedent. Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation of stabbing the deceased. Postmortem report also corroborates prosecution case, as the doctor has found five incised injuries on the person of deceased.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T