Rinku Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.16516 of 2016 (3) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16516 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== Rinku Kumar Son of Shiv Nandan Prasad Singh @ Pali Singh Resident of Village - Bajapura, P.S.- Teghra, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Suneil Kumar Thakur, Advocate For the Opposite Party : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 17.02.2016 in connection with Teghra P.S.Case No.98 of 2015 pending in the Court of CJM, Begusarai registered for the offence under Sections 304B/34 of the Indian Penal Code.

The accusation against the petitioner is of killing his wife (sister of the informant) after three years of marriage for nonfulfilment of additional demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.02.2016. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. There is

Patna High Court Cr.Misc. No.16516 of 2016 (3) dt.23-05-2016 no direct or indirect evidence against the petitioner. There is no eye witness to the alleged occurrence. A petition has been filed on behalf of the informant stating that due to mistake of fact, the present case has been instituted.

On behalf of the State, it has been submitted that the petitioner is the husband of the deceased and there is a direct allegation against him.

Considering the aforesaid facts and circumstances, I am not inclined to release the above named petitioner on bail, the same is rejected.

Anyhow, if so advised, the petitioner may renew his prayer for bail after completion of one year in custody (Sudhir Singh, J) B.Kr./- U T