Bulet Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70210 of 2023 Arising Out of PS. Case No.-132 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== BULET KHARWAR son of Late Suraj Kharwar Village- Dhebwa PsGopalpur Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he committed murder of the informant's bua by means of sharp edge weapon due to domestic violence, thereafter she was taken to hospital, but during treatment she died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.70210 of 2023(4) dt.08-02-2024 2/3 petitioner is husband of the deceased and due to family dispute he has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence. It is further submitted that the petitioner is languishing in judicial custody since 27.07.2019.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the petitioner is husband of the decease and he has full responsibility to keep his wife with proper honour and dignity but due to family dispute he committed murder of his own wife. There is specific allegation against the petitioner of assaulting by means of sharp edge weapon. As per postmortem report, doctor opined cause of death due to haemorrhage and shock caused by sharp edge weapon. During investigation, witnesses have also supported the prosecution version.

Having heard the learned counsel for the parties and considering the facts and circumstances and gravity of this case, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.70210 of 2023(4) dt.08-02-2024 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkr/- U T