Patna High CourtCR. MISC./67333/2022rejected

Tuntun Das v. The State Of Bihar

2023-05-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67333 of 2022 Arising Out of PS. Case No.-622 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== TUNTUN DAS Son of Late Laxmi Das Resident of Village- TiraskundSamoul, Ward No.-08, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 15.09.2022 in connection with Forbesganj P.S. Case No. 622/2021, F.I.R. dated 14.08.2021, for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

According to prosecution case, the petitioner being the husband of the deceased, established physical relation with a village lady and due to which quarrel started between the petitioner and the deceased and thereafter the petitioner started physical and mental torture to his deceased wife and lastly committed murder of his deceased wife and concealed her dead body with a view to screen the evidence of murder.

Patna High Court CR. MISC. No.67333 of 2022(3) dt.03-05-2023 2/2 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the informant is not an eyewitness of the alleged occurrence and only on the basis of suspicion, the petitioner has been implicated in the present case. The petitioner is husband of the deceased. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner has disposed of the dead body of the deceased without conducting postmortem examination.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Forbesganj P.S. Case No. 622/2021, pending in the court of learned C.J.M., Araria.

Prayer is refused.

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