Sudhir Prasad @ Ram Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46967 of 2022 Arising Out of PS. Case No.-32 Year-2021 Thana- CHANDI District- Nalanda ====================================================== SUDHIR PRASAD @ RAM KRISHNA KUMAR SON OF LATE DULARCHAND MAHTO R/O VILLAGE- AMRARURA, P.S.- THARTHARI, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Raj Ballabh Singh For the Informant :

Mr.Ganesh Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Chandi P.S. Case No. 32 of 2021, registered for the offences punishable under Sections 302 and 120B of the I.P.C.

As per allegation, the marriage of the daughter of the informant was solemnized with the petitioner, 19 years prior to lodging of the FIR. She, along with her husband and parents-in-

Patna High Court CR. MISC. No.46967 of 2022(6) dt.05-04-2023 2/3 law was residing in a rented house. Since inception of the marriage, the petitioner did not behave her in proper way and her daughter used to complain about her husband on telephone. It has also been mentioned that the petitioner had immoral relation with his sister-in-law(Bhabhi). Whenever his wife (deceased) protested, the petitioner misbehaved with her. On 21.01.2021, at about 5 am, she got an information that the matrimonial inmates of her daughter had murdered her. She rushed to matrimonial house of her daughter and saw her dead body lying on bed. The informant noticed the mark of injury on the face of the deceased and also blood was oozing from her mouth.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Anju Devi is his widowed Bhabhi and it is false to say that he has relations with her, rather after death of his brother, he was discharging his responsibility to maintain his integrity. The petitioner is a person of clean antecedent.

On the other hand, the learned APP has opposed the prayer for bail and submitted that there is specific allegation in the FIR that the petitioner assaulted the victim and his mother. The informant noticed the mark of injury on his face, which is

Patna High Court CR. MISC. No.46967 of 2022(6) dt.05-04-2023 3/3 corroborated by post-mortem report.

The stage of trial has been called for from the learned court below, which shows that after framing of the charges, one witness Sarvesh Kumar has been examined as PW-1 on 13.12.2021, and the witnesses have supported the prosecution version.

In my view, the petitioner does not deserve the privileges for bail. Accordingly, it is rejected. It is expected that the learned court below shall take every endeavor to dispose of the trial within a period of six months.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T