Krishan Kumar @ Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52825 of 2024 Arising Out of PS. Case No.-380 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== Krishan Kumar @ Krishna Kumar S/O Shyam Poddar R/O village Nim Talla Chowk urf Nimtola chowk (near RC College), PS Sakra, District-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Bela Singh, Advocate For the State :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-12-2024 Heard Mrs. Bela Singh, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Sakra P.S. Case No. 380 of 2022 for the offence under Sections 304-B and 34 of the Indian Penal Code lodged on 23.07.2022 by the informant, Sujeet Kumar.
3. As per the prosecution story, the informant alleged that the victim was married to the petitioner to was always tortured for dowry and on the fateful day, they got the information that she has been put on fire, the house was closed and the accused absconded, the informant reached the place and saw the burned body. Accordingly, the same sent for post mortem followed by the F.I.R.
4. It is the case of the petitioner that during cooking,
Patna High Court CR. MISC. No.52825 of 2024(2) dt.06-12-2024 2/2 the cloth caught fire which ultimately proved fatal.
5. Learned APP for the State on the other submits that the petitioner tried to save her and/or put of the fire which may have resulted into injuries in his hand etc. He further submits that his wife died in the year 2022, F.I.R. lodged, he is main accused. Despite the said fact, he has preferred anticipatory bail application after two years.
6. Taking into account the aforesaid facts as also that the petitioner is the husband, onus lies on him, the F.I.R. lodged two years ago but he chose to prefer petition now for the year 2022, in that background, it will be appropriate that he seek bail.
7. Accordingly, the anticipatory bail stands rejected. (Rajiv Roy, J) vinayak/- U T