Mithilesh Thakur @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49505 of 2022 Arising Out of PS. Case No.-441 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Mithilesh Thakur @ Mithilesh Kumar Son Of Dharmendra Thakur R/O Village- Phatehabad, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

According to prosecution case, the petitioner (husband of the deceased) along with other accused persons tortured and killed the sister of the informant due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.49505 of 2022(4) dt.23-02-2023 2/2 implicated in the present case. He further submits that the petitioner is the husband of the deceased and the allegation as alleged in the F.I.R. is false and fabricated. The petitioner is in custody since 08.04.2022.

Vide order dated 02.02.2023 a report was called with regard to the stage of trial. Report dated 06.02.2023 reveals that out of 6 charge sheet witnesses, 3 have been examined and the case is running for prosecution evidence.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 687 of 2022 arising out of Paroo P.S. Case No. 441 of 2021 pending in the court of learned Additional Sessions Judge 1st, Muzaffarpur.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T