Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53290 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== NITISH KUMAR SON OF VIJAY KUMAR SINGH @ VIJAY SINGH @ VIJAY NARAYAN SINGH RESIDENT OF VILLAGE- PRATAPUR, P.O. AND P.S.- DUMARI, LAKHISARAI, BIHAR-811302 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. advocate Mr. Amrit Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302, 120B/ 34 of the Indian Penal Code.
3. As per the prosecution case, marriage of daughter of informant was solemnized with this petitioner 20 years ago and out of the said wedlock two children were born. It is further alleged that after marriage this petitioner along with his family members tortured the daughter of informant and also threatened to kill her for which she lodged a case under Domestic violence in the court of CJM, Lakhisarai. On 17/12/2022 grand daughter-in-law (Natini) of the informant informed him that her mother was killed by this petitioner along
Patna High Court CR. MISC. No.53290 of 2023(2) dt.31-08-2023 2/2 with other accused persons after administering poison.
4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that as a matter of fact there was some quarrel between the husband and wife (deceased) and out of depression and anger she committed suicide.
5. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that during the course of investigation Natini of the informant has clearly stated that this petitioner along with his family members killed the daughter of informant after forcefully administering poison to her.
6. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T