Patna High CourtCR. MISC./42091/2024bail rejected

Dharmveer Kumar v. The State Of Bihar

2024-08-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42091 of 2024 Arising Out of PS. Case No.-593 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Dharmveer Kumar S/O Maheshwar Yadav R/O Village Rampur, Ward no.4, P.S. Alauli, Distt-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 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 Alauli P.S. Case No. 593 of 2023 dated 29.12.2023 registered for the offences punishable under Section 497, 341, 323, 324, 307, 201, 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have assaulted the informant's mother with a knife on her head and put cloth into her mouth and threw her body on the railway track.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42091 of 2024(3) dt.01-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. Learned counsel for the petitioner has submitted that the allegation against the petitioner is general and omnibus in nature. The co-accused being lady has been granted bail by this Court vide order dated 03.07.2024 in Cr. Misc. No. 42115 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.01.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner. The petitioner had illicit relationship with the co-accused Lalita Devi which was objected by the informant's mother and due to that the petitioner along with the co-accused inflicted blow of knife on her head. The dead body was thrown. As per the post-mortem report, the injury was dangerous to life in ordinary course of nature sufficient to cause death.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.

Patna High Court CR. MISC. No.42091 of 2024(3) dt.01-08-2024 3/3

7. The application stands rejected.

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