Patna High CourtCR. MISC./74799/2023bail rejected

Kalicharan Kumar Singh @ Bulbul Singh v. The State Of Bihar

2024-02-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74799 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- DESARI District- Vaishali ====================================================== Kalicharan Kumar Singh @ Bulbul Singh Son Of Late Bhola Singh R/O Ward No. 11, Village - Panapur Raghunath, Tayabpur, P.S. - Desari, Distt. - Vaishali, Pin 844506 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Desari P.S Case No. 04 of 2023 from the Court of learned Additional Sessions Judge - VII, Hajipur at Vaishali registered for the offences punishable under Sections 302/304(B) and 34 of the I.P.C.

3. As per allegation in the FIR, petitioner along with co-accused person are alleged to have committed the murder of the deceased due to non-fulfillment of demand of dowry.

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.74799 of 2023(3) dt.21-02-2024 2/2 submitted that allegation against the petitioner are general and omnibus in nature. Petitioner has no role to play in the alleged offence. It is also submitted that petitioner is in judicial custody since 04.01.2023 and petitioner has got no criminal antecedent as stated in para 3 of the petition.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner and submitted that postmortem report of the deceased shows that cause of death is Asphyxia due to strangulation or throttling.

6. In view of the allegation as regard to death of deceased there is direct allegation for committing murder of the deceased against the petitioner and his family members, therefore, this Court is 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