Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52270 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== Amit Kumar S/O Ravichandra Prasad Resident Of Village- Ghoswari, P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons used to torture daughter of the informant due to non-fulfillment of dowry demand. On 01.01.2022, he got information that her daughter is ill but when he reached hospital his daughter had died. It is further alleged that the accused persons along with this petitioner have given poison to her daughter due to which she died. After that this case has been lodged.

Patna High Court CR. MISC. No.52270 of 2022(7) dt.04-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is husband of the victim due to which he has falsely been implicated in this case. There is no prior complaint against this petitioner in respect of misbehaving, assaulting and torturing to the deceased. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.03.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and there is direct allegation against the petitioner(husband of the victim) of having poison and killed his wife within seven years of their marriage. It is further submitted that P.W. Vishal Kumar has stated that victim died due to administration of insecticide, which is mentioned in para 10 of the case diary. Other witnesses also supported the prosecution version which is mentioned in para 4 and 9 of the case diary. As per FSL Report, cause of death is due to Carbofuran which is commonly used in agriculture for killing pests that is highly poisonous substance, which was

Patna High Court CR. MISC. No.52270 of 2022(7) dt.04-04-2023 3/3 detected in the several body parts of the victim. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

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

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