Pintu Kumar @ Prabhat Raj @ Prabhat Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37325 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Pintu Kumar @ Prabhat Raj @ Prabhat Roy S/O Vijendra Singh R/O VillageYadu Bigha, PS. Haspura, Dist. Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 201 of the Indian Penal Code.
3.The prosecution case, in brief, is that on 18.10.2022 at around 3 O'clock, this petitioner came to the house of informant and took her husband with him, but till night, her husband did not return home and after ten days of the occurrence, the dead-body of her husband was found lying in Kunja Bigha Lakhni. Informant suspects that this petitioner committed the murder of her husband in order to grab Rs. 96,000/-, which was lent by her husband to this petitioner.
4. It is submitted on behalf of petitioner that informant is not eye-witness of the occurrence and only because of money
Patna High Court CR. MISC. No.37325 of 2023(2) dt.03-08-2023 2/2 dispute, the petitioner has been falsely implicated in this case. The dead-body was recovered after ten days of the occurrence and in the post-mortem report, it has come that deceased died after 24 hours of the alleged occurrence.
5. However, learned A.P.P. for the State opposes the bail petition and submits that petitioner is named in the F.I.R. and there is specific allegation against him of committing murder of husband of informant. Post-mortem report shows damage to muscle, organ & bone and the cause of death has been opined by the doctor as due to haemorrhage, shock and cardiac pulmonary arrest.
6. Considering the aforesaid facts and circumstances as well as materials available on record, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay/- U T