Himanshu Nikhil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51791 of 2022 Arising Out of PS. Case No.-266 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Himanshu Nikhil Son Of Late Ram Chandra Ram R/O Village- Hari Chhapra, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 304B, 328/34 of the Indian Penal Code.

According to prosecution case, it is a case of dowry death. Petitioner is the husband of the deceased. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner is the husband of the deceased and the allegation as alleged in the F.I.R. that the petitioner and other co-accused persons have

Patna High Court CR. MISC. No.51791 of 2022(4) dt.27-02-2023 2/2 committed murder by administered poison to the daughter of the informant.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the basis of material available on record and viscera report submits that the viscera confirmed the allegation as alleged in the F.I.R. against the petitioner and the petitioner is the husband of the deceased and the death of the deceased within seven years of the marriage.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Dumra P.S. Case No. 266 of 2021 pending in the court of learned Chief Judicial Magistrate, Sitamarhi.

Prayer is refused.

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