Raj Kumar @ Pintu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71323 of 2024 Arising Out of PS. Case No.-265 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Raj Kumar @ Pintu Son of Arvind Singh R/O-New Area, Maharana Pratap Road No. 2 PS- Town, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv Mr. Bhaskar Shankar, Adv For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned APP for the State.
3. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 304B/34 of the Indian Penal Code.
4. The allegation in the FIR, is that the informant's daughter was done to death by accused persons including the petitioner on account of non fulfillment of dowry by assaulting her and poisoning her.
5. Learned senior counsel for the petitioner at the outset submits that the petitioner is the husband of the deceased and as a matter of fact, his wife( deceased) had developed an abdominal pain on 05.04.2024 for which she was taken to Sadar
Patna High Court CR. MISC. No.71323 of 2024(6) dt.08-05-2025 2/3 Hospital, Aurangabad and then to A.N.M.C.H, Gaya for treatment. It is also a fact that the information was given to the father of the deceased, who came to A.NMCH, Gaya and also accompanied the petitioner to Laxmi Hospital, Varanasi, where she eventually died in course of treatment. The inquest report was prepared at hospital in Varanasi and the informant had signed on the same and his signature has also been found on the panchnama before the body was sent for post mortem report. The further submission on behalf of the learned senior counsel is that as against the allegations of assault upon the deceased, the post mortem would go to show that there is no external injury present on the body of the deceased.
The cause of death was kept pending for viscera report and the same has also been received, a perusal of which would indicate that no poison has been found in the viscera preserved. On the strength of all these factors, it is submitted that there is no foul play and the column of the inquest report would also indicate that the death is due to illness of the deceased. Further, the petitioner has got the entire treatment of the deceased done after informing her parents, who were throughout present during her treatment till her death.
7. The learned APP for the State opposes the anticipatory
Patna High Court CR. MISC. No.71323 of 2024(6) dt.08-05-2025 3/3 bail of the petitioner.
8. Considering the facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in connection with Aurangabad (Town)P.S.Case No. 265 of 2024, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.
(Soni Shrivastava, J) N.K/- U T