Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57215 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Awdhesh Kumar S/O Ramashish Prasad Village- Pakariya, Ps- Fatehpur, DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and the deceased died due to illness. There

Patna High Court CR. MISC. No.57215 of 2023(5) dt.18-12-2023 2/3 is general and omnibus allegation against all the F.I.R named accused persons including the petitioner. Moreover, the marriage was performed 7 years prior to the occurrence. The petitioner is languishing in custody since 28.07.2022.

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 and he has fully responsible for the commission of murder of his wife. The postmortem report suggests that several external injuries, bruises, abrassion were found on the person of the deceased and the cause of death was asphyxia due to throttling. Considering the fact that petitioner is husband of the deceased and the postmortem report corroborates the case of the prosecution, 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.57215 of 2023(5) dt.18-12-2023 3/3 and conclude the same at the earliest, preferably within a period of six months from today.

The petitioner will be at liberty to renew his prayer for bail, if the trial is not concluded within six months.

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