Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.643 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- KARPI District- Jehanabad ====================================================== AWADHESH KUMAR SON OF JHARI SAO R/O VILLAGE- SATWAN, P.S.- KARPI, DISTRICT- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 15.04.2022 in connection with S.Tr. No.575 of 2022/496 of 2022 arising out of Karpi P.S. Case No. 77 of 2022, F.I.R. dated 14.04.2022 registered for the offence punishable under Sections 304(B),201/34 of the Indian Penal Code. However, chargesheet has been submitted under Sections 302,201 and 304(B) of IPC. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.643 of 2023(3) dt.05-05-2023 2/2 implicated in the present case merely on the basis that the petitioner is husband of the deceased and at the instance of the petitioner, the dead body of the victim was recovered near the Sone river and the police, after investigation, submitted chargesheet against the petitioner.

Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was involved in the present occurrence and postmortem report also supports the allegation as alleged in the FIR.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.Tr. No.575 of 2022/496 of 2022 arising out of Karpi P.S. Case No. 77 of 2022 pending in the court of learned Additional Sessions Judge-II, Jehanabad.

Prayer is refused.

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