Dhiraj Kumar @ Dhiraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37110 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Dhiraj Kumar @ Dhiraj Kumar Singh Son of Dilip Singh Resident of villageBagodar, P.s.- Hisua, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Wazirganj P.S. Case No. 29 of 2021 lodged under Section 306 of the I.P.C.
As per the prosecution story, the husband of the deceased has lodged the F.I.R. that the petitioner used to disturb his wife. He got information that his wife has suicide as per F.I.R. It has been disclosed by him that he has been informed by the daughter of the informant that the petitioner always used to talk her mother and he also used to threat to the younger brother not to disclose anything about his visit in the house otherwise
Patna High Court CR. MISC. No.37110 of 2022(2) dt.22-09-2022 2/3 his father shall be killed. It has been categorically stated against the present petitioner that due to torture made by the petitioner, the entire event take place. The event of 3 years earlier was also disclosed by the informant in the F.I.R. that the present petitioner used to disturb his wife when they were residing at Hisua.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that this is a case of suicide and he has nothing to do with the present case. It has been submitted that petitioner is in custody since 05.03.2022 having clean antecedent. Learned counsel for the petitioner further submits that he is basically stranger for the family.
Learned counsel for the petitioner further submits that initially a U.D. case was instituted for this unnatural death but after 16 days the present F.I.R. has been lodged. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner but liberty is hereby granted to the petitioner to renew his prayer for bail after 6 months of framing of charge.
Patna High Court CR. MISC. No.37110 of 2022(2) dt.22-09-2022 3/3 The Trial Court is directed to complete the trial in the meantime. If trial shall not concluded within 6 months then he shall be released on bail by the Trial Court himself imposing the condition that he may not evade his appearance from trial. With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) prakashmani/- U T