Patna High CourtCR. MISC./72975/2023bail rejected

Sujeet Kumar v. The State Of Bihar

2024-02-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72975 of 2023 Arising Out of PS. Case No.-843 Year-2022 Thana- PATLIPUTRA District- Patna ====================================================== Sujeet Kumar, aged about 26 years, Male, Son of Late Gorelal Yadav, Resident of Village - Gopkita, P.S. - Pandarak, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patliputra PS Case No. 843 of 2022 instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner is the husband of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the case diary, FIR, Postmortem report and the impugned order passed by the learned Additional District and Sessions Judge-XXVII, Patna dated 17.08.2023, it appears that the petitioner is the

Patna High Court CR. MISC. No.72975 of 2023(4) dt.20-02-2024 2/2 husband of the deceased and the death of the deceased is within one year of the marriage and the dead body has been recovered from the house of the petitioner. From perusal of the postmortem report, it appears that the external and internal injuries are ante mortem injuries. Injuries are caused by hard and blunt substance and cause of death is from asphyxia due to hanging. Petitioner is in custody since 10.12.2022.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. Learned trial Court is directed to conclude the trial preferably within a period one year from the date of receipt of this order.

(Ramesh Chand Malviya, J) Anand Kr.

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