Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51089 of 2021 Arising Out of PS. Case No.-170 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== Rajan Kumar S/o Sri Bishwakarma Mahto R/o Village- Satjora, P.S.- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Awadhesh Kr. Singh,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Daraunda P.S. Case No. 170 of 2019, registered for the offence under Sections 498(A), 304(B)/34 of the Indian Penal Code.

As per F.I.R., the petitioner, who is husband of the deceased, is alleged to have committed torture and thereafter, on 08.08.2019, the petitioner in connivance with his family members committed murder of deceased by administered her poison.

It is submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Though, as per F.I.R., there is allegation against this petitioner of committing torture with the deceased, but in post-mortem report, no any external injury was found on the person of deceased.

Patna High Court CR. MISC. No.51089 of 2021(3) dt.20-01-2022 2/2 Petitioner is in custody since 24.05.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is specific allegation against him of committing torture with the deceased. Deceased has died in an unnatural circumstances within seven years of marriage at her matrimonial home.

Considering the nature and gravity of offence and the fact that petitioner is husband of the deceased, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T