Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62411 of 2023 Arising Out of PS. Case No.-11 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== ASHISH KUMAR Son of Anant Yadav Resident of village - Mayurwa, ward no. 4, P.S. - Triveniganj, Distt. - Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 304B, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they committed murder of the informant's eight months pregnant daughter by setting her in fire due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62411 of 2023(4) dt.07-02-2024 2/3 petitioner is innocent and has committed no offence. The petitioner is husband of the deceased and due to family dispute he has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence. It is further submitted that except burn injuries no any external injuries were found on the body of the deceased. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.01.2023. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the victim was eight months pregnant and due to non-fulfillment of dowry petitioner and his family members committed murder of the informant's daughter by setting her in fire. As per Postmortem Report, annexed with Case Diary, wherein doctor has stated that the body of the deceased is completely burnt due to fire, hence postmortem report corroborates the prosecution version. During investigation, witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the facts and circumstances and gravity of this case, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.62411 of 2023(4) dt.07-02-2024 3/3 The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkr/- U T