Rakesh Tiwary v. The State Of Bihar
Patna High Court Cr.Misc. No.13220 of 2017 (5) dt.19-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13220 of 2017 Arising Out of PS.Case No. -111 Year- 2015 Thana -ISUAPUR District- SARAN ====================================================== Rakesh Tiwary, S/o Shambhu Tiwary, resident of Village- Piparahia, P.S.- Isuapur, Distt- Chapra, Saran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Ms. Kumari Rashmi, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 22.11.2016 in connection with Isuapur P.S. Case No. 111 of 2015 for the alleged offences under Sections 304B/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner being husband of the deceased has been falsely implicated as evident from the post mortem report which does not show any injury, internal or external. It is submitted that the victim lady had died owing to complications of advanced stage of pregnancy.
4. Learned APP assisted by learned counsel for the informant appearing suo motu opposed the bail petition of the petitioner. Attention is invited to the order rejecting the petitioner's
Patna High Court Cr.Misc. No.13220 of 2017 (5) dt.19-09-2017 anticipatory bail petition observing that the report of the Forensic Science Laboratory on the viscera of the victim lady indicates the presence of Aluminium Phosphide, commercially known as Celphos, which is highly poisonous and is found in the viscera.
5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) Chandran/Ibrar U T