Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66534 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== Rahul Kumar son of Narayan Tanti vill- Kaith, Ps- Neemchandpura, DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Neemachandpura P.S. Case No. 123 of 2023 instituted for the offence under Sections 302, 120(B), 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that wife of the informant was done to death at her matrimonial house. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.02.2024. Petitioner is stated to be a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.66534 of 2024(3) dt.26-10-2024 2/3 case. There is delay in lodging of the FIR. It is submitted that deceased developed illegal relation with this petitioner, but when her family members objected, then she committed suicide. Referring to the impugned order, it is submitted that cause of death is due to asphyxia as a result of injuries caused by strangulation. The co-accused persons have already been granted bail by this Bench vide order dated 06.03.2024 passed in Cr. Misc. No. 13753 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that during course of investigation, several independent witnesses have supported the case of the prosecution. Learned counsel further submitted that as per postmortem report, the deceased died due to asphyxia as a result of strangulation.

7. Having considered the rival submissions of both the parties and also taking into account the fact that several independent witnesses have supported the allegation as alleged against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Prayer for grant of bail to the petitioner is, hereby, rejected.

9. Learned trial Court is directed to conclude the trial as

Patna High Court CR. MISC. No.66534 of 2024(3) dt.26-10-2024 3/3 expeditiously as possible without unnecessary adjournments. (Rudra Prakash Mishra, J) Alok Verma/- U T