Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56660 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- KASMA District- Aurangabad ====================================================== Ashok Kumar Son Of Sonu Mistri @ Sonu Sharma Resident Of Village - Paranpur, P.S. - Kasma, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.56660 of 2023(4) dt.29-11-2023 2/3 been implicated in this case. There is no prior complaint regarding assault or demand of dowry. The petitioner himself informed to the informant and the police as well, thereupon the police came and the dead body was taken away for postmortem. The petitioner is languishing in custody since 22.05.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The viscera report of the deceased suggests that organochloro pesticide was detected in the body of the deceased. The deceased died within seven years of marriage.

Considering the fact that petitioner is husband of the deceased and the death occurred within seven years of the marriage, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial

Patna High Court CR. MISC. No.56660 of 2023(4) dt.29-11-2023 3/3 and conclude the same at the earliest.

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