Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64612 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== Manish Kumar Son of Madhu Das Resident of Village - Vishambhar Pur, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kalyanpur P.S. Case No. 89 of 2021 lodged under Sections 304B/201/34 of the I.P.C.

As per the prosecution case, the allegation of 304(B) against the petitioner who is husband of the deceased. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. There is general and omnibus allegation. Learned counsel further submits that petitioner's antecedent is clean and he is in custody since 19.04.2021 and charge sheet has already been filed as well

Patna High Court CR. MISC. No.64612 of 2021(4) dt.29-11-2022 2/2 as charge has been framed in this case.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that petitioner is the husband itself and case of Section 304(B) of I.P.C. and onus lies upon the husband itself.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail 9 months from the date of framing of charge. The Trial Court is directed to expedite the trial as early as possible.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T