Patna High CourtCR. MISC./69592/2019dismissed

Upendra Prasad @ Rupendra Prasad v. The State Of Bihar

2019-12-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69592 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== UPENDRA PRASAD @ RUPENDRA PRASAD S/o Late Bishundeo Prasad R/o village- Korari, P.S.- Nagarnausa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.01.2019 in connection with Nagarnausa P.S. Case No. 160 of 2018 for the alleged offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with the death of his wife. It is submitted that the accusations of demand and torture are general and omnibus and except suspicion, there is no objective material to connect the petitioner with the alleged offence. It is submitted that the deceased committed suicide by consuming insecticide. Other co-accused, namely, Binita Devi and Anu Devi respectively have been granted anticipatory bail by this Court

Patna High Court CR. MISC. No.69592 of 2019(2) dt.11-12-2019 2/2 in Cr. Misc.No. 36790 of 2019.

4. Learned APP assisted by learned counsel for the informant appears and opposes the bail petition, submitting that the petitioner is the husband of the deceased and there is accusation of demand and torture. The body of the deceased has not been recovered.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) HR/- U T