Shatrudhan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57826 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== Shatrudhan Tiwari Son of Late Nawal Tiwari Resident of Village- Bahchha, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in Halsi P.S.Case No. 159 of 2021 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

As per prosecution case, the petitioner along with other co-accused persons killed the daughter of the informant and conceal the deadbody in a river. It is submitted that the marriage of the petitioner was solemnized with the victim 10 years back in the year 2010 and they were enjoying happy conjugal life, out of the wedlock five children were born. As a matter of fact, wife of petitioner died due to heart attack and informant himself participated in her funeral. During course of

Patna High Court CR. MISC. No.57826 of 2021(2) dt.03-02-2022 2/2 investigation none has supported the prosecution case . He is in custody since 2.08.2021.

Learned counsel for the petitioner submits that petitioner is husband of the deceased and she died in his matrimonial home and the dead body was found in the river and there is no explanation by him as to how the dead body of his wife was recovered from river.

Learned APP for the State has vehemently opposes the bail prayer of the petitioner.

Considering the facts and circumstances as well as submission of the parties, I am not inclined to enlarge the petitioner on bail and accordingly, his prayer for bail in connection with Halsi P.S.Case No. 159 of 2021, pending in the court of learned Judicial Magistrate 1st class, Lakhisarai stands rejected.

(Prabhat Kumar Singh, J) N.K/- U T