Krishna Sah @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63779 of 2022 Arising Out of PS. Case No.-54 Year-2020 Thana- PAKRIDAYAL District- East Champaran ====================================================== KRISHNA SAH @ KRISHNA KUMAR Son of Late Hira Sah R/Vpakridayal Mathiya, P.S- Pakridayal, Dis- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 25.06.2022 seeks bail, in connection with Pakridayal P.S. Case No.54/2020, dated 03.03.2020, for the offences punishable under Sections 302, 201, 34 of the IPC.

3. According to prosecution case, the dead body of a woman was found in the ditch and a pipe was inserted in her mouth and niddle was also tagged in her both hands and it appears that the lady had died during course of treatment and to conceal the dead body was buried in the ditch.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis that the petitioner is husband of the deceased. He further submits that the allegation as alleged in the

Patna High Court CR. MISC. No.63779 of 2022(6) dt.07-08-2023 2/2 F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact the deceased has died due to Covid-19 pandemic during course of treatment.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that there is no material on record to suggest that the deceased has died due to Covid-19 pandemic and Covid-19 pandemic has come in the mid of March, 2020 and the present F.I.R was instituted in first week of March, 2020. He further submits that the petitioner has not stated anywhere that in which hospital, he has treated his wife and after the death the petitioner has tried to dispose of the dead body and the dead body of the deceased was found near the ditch.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Pakridayal P.S. Case No.54/2020, pending in the Court of learned A.C.J.M.-V, East Champaran, Motihari.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T