Shivladdu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42285 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- KINJAR District- Jehanabad ====================================================== Shivladdu Kumar S/O Krishna Yadav R/O Village- Bhuapur, Ps. Kinjar, Dist. Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kinjar P.S. Case No. 14 of 2023 instituted for the offence under Sections 304(B) of the Indian Penal Code and Section 3/4 of the D.P. Act.

Allegation against the petitioner along with other coaccused persons is that they administered poison to the informant's daughter due to which she died and the reason for this as alleged occurrence is said to be dowry demand by the petitioner along with other.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has committed no offence. Petitioner is the husband of the deceased due to which he has

Patna High Court CR. MISC. No.42285 of 2023(5) dt.10-01-2024 2/3 falsely been implicated in this case. There is no prior complain in respect of harassment, assault and dowry demand. It is further submitted by learned counsel for the petitioner that during investigation, witness said that informant's daughter(victim) herself consumed poison and this fact has come in paras-41 and 42 of the case diary. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is specific allegation against the petitioner along with other co-accused persons to administer poison to the informant's daughter(victim) due to which she died. FSL report corroborates with the prosecution case as Aluminium Phosphide commercially known as CELPHOS has been detected which is highly poisonous. Petitioner being the husband of the deceased, had full responsibility to keep his wife with honour and dignity which he did not do so.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail

Patna High Court CR. MISC. No.42285 of 2023(5) dt.10-01-2024 3/3 stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T