Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56956 of 2022 Arising Out of PS. Case No.-215 Year-2018 Thana- LAKHNAUR District- Madhubani ====================================================== CHANDAN KUMAR S/o Ram Ganesh Prasad Mahato @ Ram Ganesh Singh R/o Vill- Pure, P.S.- Lakhnaur, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Lakhnaur P.S. Case No. 215 of 2018 registered for the offence punishable under Section 304(B)/ 34 of the Indian Penal Code. As per the prosecution, the informant alleged that the daughter (victim) of Upendra Mahto has been killed by this petitioner (husband) and her in-laws by poisoning her over nonfulfilment of demand of dowry. The main submissions advanced by the learned counsel for the petitioner are that petitioner is husband of deceased, his wife died due to snake bite and in this regard inquest report of the deceased is relevant and during investigation most of the witnesses also supported the said

Patna High Court CR. MISC. No.56956 of 2022(4) dt.15-03-2023 2/3 factum about the victim having died due to snake bite and petitioner has been languishing in jail since 18.07.2022 and victim's mother-in-law who is carrying similar nature of allegation has been granted bail by this Court. Further submission is that the father and mother of the deceased including the informant have compromised the matter with this petitioner and in the present time, good relation has restored between them.

Learned APP appearing for the State has opposed the bail prayer and submitted that as per FSL report, aluminium phosphide was found in the body of the deceased which falsifies the petitioner's defence as to the victim having died due to snake bite and moreover the victim died just six months after her marriage in suspicious circumstances.

Heard both the sides and perused the FIR, case diary as well as FSL report. Admittedly, the victim died unnatural death in suspicious circumstances while residing along with this petitioner and the petitioner has taken the defence that his wife died due to snake bite but the said defence has been falsified by the FSL report of the victim and as per the FIR, there was no good relation between petitioner and his wife. Considering these facts, in my opinion, it is not a fit case for bail to the

Patna High Court CR. MISC. No.56956 of 2022(4) dt.15-03-2023 3/3 petitioner. Accordingly, his bail prayer stands rejected. Petitioner may renew his prayer after framing of charge. (Shailendra Singh, J) Sanjay/- U T