Patna High CourtCR. MISC./47591/2019dismissed

Khageshwar Prasad Singh v. The State Of Bihar

2019-10-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47591 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- DIGHALBANK District- Kishanganj ====================================================== Khageshwar Prasad Singh Son of Anand Prasad Singh Resident of VillageSudhai Tola, Haribhitta, P.S.- Dighalbank, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Dighalbank P.S. Case No. 85 of 2018, registered for the offence punishable under Sections 302, 304(B) and 120(B) of the Indian Penal Code. As per prosecution case, Manju Devi daughter of the informant was married with Khageshwar Prasad Singh (petitioner) about sixteen months ago. After marriage, informant's daughter was subjected to torture by her husband (petitioner) and inlaws on account of non-fulfillment of demand of dowry. Thereafter, all the accused persons including this petitioner committed murder of Manju Devi.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner is innocent. Petitioner was not present at the place of occurrence, he was in Delhi. Petitioner is

Patna High Court CR. MISC. No.47591 of 2019(4) dt.24-10-2019 2/2 in custody since 21.05.2019 having clean antecedent. Petitioner is husband of the deceased. There is specific allegation against the petitioner. The postmortem report shows that the cause of death is due to asphyxia as a result of strangulation.

Considering the facts aforesaid and the fact that petitioner is husband of the deceased, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T