Patna High CourtCR. MISC./60533/2023bail rejected

Umesh Lal Dev v. The State Of Bihar

2024-02-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60533 of 2023 Arising Out of PS. Case No.-421 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Umesh Lal Dev Son Of Vishwanath Lal Dev Village- Mahapara, PsBahadurpur (SONKI Op), Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 162 of 2022 arising out of Bahadurpur (Sonki O.P) P.S Case No. 421 of 2021 from the Court of learned Additional Sessions Judge- 11th, Darbhanga / Concerned Court registered for the offences punishable under Sections 304(B)/34 of I.P.C.

3. As per allegation in the FIR, It is a case of dowry death of the deceased by the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next

Patna High Court CR. MISC. No.60533 of 2023(8) dt.22-02-2024 2/2 submitted that informant is not eye witness of the occurrence and during investigation no any eye witness come forward to support of the case of informant. It is also submitted that petitioner is in judicial custody since 20.08.2021.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submitted that the petitioner has involvement for committing the murder of the daughter of the informant.

6. In view of the allegation as regard to murder of the informant's daughter due to pouring of kerosene oil over the body by the petitioner and his family member and injury of the deceased is caused by flame of fire, I am not inclined to grant bail to the petitioner.

7. Hence, the prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T