Avinash Singh @ Jaieky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60603 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Avinash Singh @ Jaieky Son Of Late Bhupendra Singh Resident of VillageGidha, Police Station- Gidha, O.P.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

According to prosecution case, the informant claimed that her daughter has been killed by the accused persons including the petitioner due to non-fulfillment of demand of dowry by administering poison, assaulting and strangulating neck.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is the husband of the deceased and the allegation as

Patna High Court CR. MISC. No.60603 of 2022(4) dt.22-03-2023 2/3 alleged in the F.I.R. is false and fabricate and no such occurrence took place.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the basis of material available on the record and case diary submits that the postmortem report of the victim fully support the allegation as alleged in the F.I.R. and it has found following anti-mortem injuries :- "Legature mark 1.1 cm. In middle situated on upper part of neck, it is alleged had high up towards back of neck left side which it is discontinued. The ligature mark also did and confused at place.

Abrasion - 3 cm x 1/2 cm present on back of right leg 10 cm above right ankle Bruise - 1) 12 cm x 6 cm on fronto lateral part left arm in upper part

2) 3 cm x 2 cm on lateral part of left waist

3) 2 cm x 1 cm on lower part of right neck

4) 3 cm x 1 cm on back of right arm"

It appears from the ante-mortem injury report that the victim was tortured before the hanging by the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.60603 of 2022(4) dt.22-03-2023 3/3 Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Koilwar (Gidha) P.S. Case No. 175 of 2022 pending in the court of learned Chief Judicial Magistrate, Ara (Bhojpur). Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T