Patna High CourtCR. MISC./57305/2023rejected

Uday Pratap Singh v. The State Of Bihar

2023-09-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57305 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Uday Pratap Singh, S/o Jagjeevan Singh, Resident of Village-Sakrauli, P.S.- Mohania, District-Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Anand, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP For the informant :

Ms. Mukul Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 04.08.2023 in connection with Mohania P.S. Case No. 316 of 2023, F.I.R. dated 15.05.2023 for the offences punishable under Sections 304B, 498A and 34 of the Indian Penal Code.

3. According to prosecution case, all the accused persons including the petitioner have strangulated the daughter of the informant to death due to non-fulfillment of the demand of Rs. 5 lakhs rupees from the informant for starting a business.

4. 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 allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.57305 of 2023(3) dt.26-09-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. The learned Additional Public Prosecutor for the State on the basis of material available in the case diary has vehemently opposed the prayer for bail of the petitioner stating that the allegation as alleged in the F.I.R. is supported by the medical evidence and the petitioner is husband of the deceased, there is direct allegation agaisnt the petitioner that he had committed the murder of his wife.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Mohania P.S. Case No. 316 of 2023 pending in the court of learned A.C.J.M., Mohania, Kaimur (Bhabhua).

7. Prayer is refused.

(Rajesh Kumar Verma, J) Prakash Narayan U T