Patna High CourtCR. MISC./58593/2023dismissed

Gyan Kamal Jha v. The State Of Bihar

2024-02-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58593 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== GYAN KAMAL JHA Son of Late Lal Mohan Jha R/o vill - Warshaliganj, P.S. - Mojahidpur (Babarganj), Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mojahidpur (Babarganj) P.S. Case No. 103 of 2022, registered for the offences punishable under Sections 302/328 of the Indian Penal Code.

3. As per allegation, the marriage of the informant's daughter was solemnized with the petitioner ten years ago. After marriage, in drunken state of affairs, the petitioner always used to abuse and assault the victim and ultimately, the victim was administered poison to death by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Though the petitioner is husband of the deceased but the entire

Patna High Court CR. MISC. No.58593 of 2023(5) dt.27-02-2024 2/2 allegation against him is false.

5. On the other hand, learned APP has opposed the prayer for bail and submitted that the petitioner is addicted to liquor, due to which his father transferred the share of the petitioner in favour of son of the petitioner, which infuriated him which resulted into commission of murder of his wife after administering some poisonous substances.

6. During investigation and the fardbeyan, it has come that the petitioner assaulted his wife and consequently administered poisonous substance forcibly.

7. In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Nirmal/- U T