Shitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64181 of 2021 Arising Out of PS. Case No.-343 Year-2021 Thana- GOGRI District- Khagaria ====================================================== SHITESH KUMAR, Son of Dhaneshwar Singh Resident of Village - Baltara, Police Station - Gogri (Poura), District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Manoj Kumar For the informant :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered for the offences under Section 304 (B) and 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 28.07.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that her daughter was married to the petitioner on 30.04.2018 and after marriage, the petitioner and his mother were demanding of four wheeler by way of dowry, further, her daughter at 6 A.M. on 27.07.2021 informed on phone that the accused persons have poisoned her, thereafter her mobile was switched off. Thus, the informant alleges that the petitioner

Patna High Court CR. MISC. No.64181 of 2021(2) dt.30-03-2022 2/3 along with her mother killed her. Further the informant reached P.O. and came to know that her daughter being treated in Sonvarsha Ghat.

The learned counsel for the petitioner submits that the informant is not eye witness to the occurrence, further from perusal of the FIR itself, it would manifest that informant has stated that her daughter was being treated at Sonvarsha Ghat. It is thus submitted that if the petitioner had administered poison to the victim then definitely he would not have have taken her to the hospital, it is submitted that the deceased herself consume poison and the moment the petitioner and his family member came to know about the same, they treated the deceased in hospital.

The learned A.P.P. and learned counsel for the informant vehemently oppose the bail application. The learned counsel for the informant submits that whether deceased consumed poison by herself or was made to consumer poison or will be seen in trial the fact remain that the deceased died of poison and even if it is presumed for the present that the deceased herself took poison then it is the petitioner who is the husband made the conditions conducive for the deceased to take extreme step coupled with the fact that allegation of dowry

Patna High Court CR. MISC. No.64181 of 2021(2) dt.30-03-2022 3/3 demand is there.

Considering the submission made by learned counsel for the informant as well as learned counsel for the State, the Court, for the present, is not inclined to grant bail to the petitioner, therefore, the prayer for bail of this petitioner is rejected.

(Satyavrat Verma, J) sanjeev/- U T