Saroj Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10148 of 2021 Arising Out of PS. Case No.-151 Year-2019 Thana- ROSERA District- Samastipur ====================================================== SAROJ RAJAK Son Of KULDEEP RAJAK Resident Of Village - Datta, P. S. - Rosera, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 328 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the sister of the informant was poisoned to death by the accused persons, a month after marriage.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner happens to be the husband of the deceased. The sister of the informant was not happy with her marriage, the same having been conducted against her will and

Patna High Court CR. MISC. No.10148 of 2021(3) dt.30-07-2021 2/2 thus she committed suicide. It is further submitted that independent witnesses have stated about the door being locked from inside and froth coming out of her mouth. No external injury is reflected in the postmortem report, the investigation has concluded and petitioner is in custody since 9.10.2020. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on going through the material that has transpired in course of investigation that the deceased had been narrating to the informant, her brother, about the torture by the accused persons. Further, the allegation is on the accused persons having administered poison and the same is supported from the report of Forensic Science Laboratory contained in paragraph no. 123 of the case diary, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. The learned trial Court is directed to expedite the trial. Spd/- (Partha Sarthy, J) U T