Patna High CourtCR. MISC./20527/2018dismissed

Anish Kumar v. The State Of Bihar

2018-05-07Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.20527 of 2018 (3) dt.07-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20527 of 2018 Arising Out of PS.Case No. -82 Year- 2017 Thana -DIDARGANJ District- PATNA ======================================================

1. Anish Kumar Son of Shyam Jee @ Shyambabu Rai, Resident of VillageKothiya, P.S.-Didarganj, District-Patna, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, being the husband, is in custody since

25. 04.2017 in connection with Sessions Trial No. 629 of 2017 arising out of Didarganj P.S. Case NO. 82 of 2017 for the offence registered under Sections 304B & 34 of the Indian Penal Code. Learned counsel for the petitioner submits that though the allegation against the petitioner is of assaulting the deceased, the injuries do not indicate that there is any assault. The petitioner has already been in custody for more than one year. Diary of the present case was called for which has since been received.

Learned counsel for the State, after perusal of the case

Patna High Court Cr.Misc. No.20527 of 2018 (3) dt.07-05-2018 diary, submits that there is ample material in the case diary including the statement of independent witnesses, which goes to reveal that the petitioner had been torturing the lady and in pursuance of such torture, the deceased was killed and, the event took place within seven years of marriage.

Having considered the entire facts and circumstances of the case and also that there is ample evidence in the case diary, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

Let the trial of the case be expedited.

(Anjana Mishra, J) Jagdish/- U T