Patna High CourtCR. MISC./1211/2023rejected

Rahul Kumar v. The State Of Bihar

2023-07-03Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1211 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- JHAJHA District- Jamui ====================================================== RAHUL KUMAR S/O RAJ KUMAR YADAV R/V- SOHJANA, P.S.- JHAJHA, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 18.05.2022 in connection with S.T. No.408/2022, arising out of Jhajha P.S. Case No. 30/2022, F.I.R. dated 30.01.2022, for the offence punishable under Section 304(b)/34 of the IPC. According to prosecution case, the petitioner along with other co-accused persons are alleged to have killed the deceased due to non-fulfillment of the demand of dowry. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.1211 of 2023(3) dt.03-07-2023 2/2 and the doctor has not ascertained the cause of deaths and the viscera was preserved and sent for F.S.L. examination. Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is husband of the deceased and the postmortem report/F.S.L. report suggest that the deceased has died due to poison.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.T. No.408/2022, arising out of Jhajha P.S. Case No. 30/2022, pending in the court of learned Additional Sessions Judge-II, Jamui.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) amit/- U T