Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65887 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- VISHNUPAD District- Gaya ====================================================== SUBHASH KUMAR Son of Shayam Raut Resident of Tilha Dharm Sala, Mohalla Bahuhar Chaura, P.S. Vishnupad, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Vishnupad P.S. Case No. 87 of 2021 registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. As per prosecution case, petitioner and others concertedly committed the murder of informant's sister for nonfulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner being husband of the deceased is languishing in custody since 21.05.2021 and bears no criminal antecedent. He further submits that deceased was suffering from Obsessive

Patna High Court CR. MISC. No.65887 of 2021(3) dt.27-09-2022 2/2 Compulsive Disorder disease as mentioned in Annexure-2 series of the bail petition and the informant also knows about her illness. There is no specific allegation against the petitioner rather the same is general and omnibus in nature. Learned counsel for the informant and learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner by submitting that ligature mark was found on the neck of the deceased in postmortem examination. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with postmortem report, legal presumption of law as well as material available on record, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, the learned trial court is directed to expedite the trial.

(Alok Kumar Pandey, J) shahzad/- U T