Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37500 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- HATHIDAH District- Patna ====================================================== Suraj Kumar S/O Sri Jangli Das R/O Village- Hathidah Dih, Ps. Hathidah, Dist. Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 10.04.2023 in connection with Hathidah P.S. Case No. 42 of 2022 F.I.R. dated 18.06.2022 for the offences punishable under Sections 304(B), 498(A) along with Section 34 of the Indian Penal Code.
3. According to prosecution case, the daughter of the informant is alleged to have been assaulted physically and mentally and due to non-fulfillment of demand of dowry, she was done to death by the petitioner.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.37500 of 2023(3) dt.18-09-2023 2/2 allegation as alleged in the F.I.R., is false and fabricated and he has not committed any offence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that within 15 days of marriage, the petitioner has killed his wife and the allegation as alleged in the F.I.R. is supported by the medial evidence (post-mortem report) of the victim.
6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Hathidah P.S. Case No. 42 of 2022 pending in the court of learned Additional Chief Judicial Magistrate - IIIrd, Barh, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Aditi U T