Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82169 of 2023 Arising Out of PS. Case No.-369 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Navin Kumar, Son Of Late Ganauri Choudhari @ Ganuri Choudhari Resident Of Village - Mosma, Police Station - Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Warisaliganj P.S. Case No. 369 of 2023, lodged on 23.07.2023 under Sections 302, 201 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner against whom there is an allegation that he has killed the daughter of the informant by strangulating her neck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is clean and he is in custody since 11.09.2023. Counsel further submits that charge has already been framed in this case.

Patna High Court CR. MISC. No.82169 of 2023(3) dt.05-03-2024 2/3

5. Learned counsel for the petitioner submits that the petitioner has three children and he is the only person who has to look after the family. Counsel also submits that the deceased was an extremely angry woman who used to beat her children up to any extent even on a trivial issues and whoever used to came, she started beating to the said person also. Counsel further submits that the petitioner was running e-rickshaw and when he came to the house, his wife is in unconscious condition and thereafter, he took his wife to the hospital, but in the way, she died. Counsel also submits that the petitioner has also informed in this regard to the informant i.e. petitioner's father in law.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the post-mortem report has been called for vide order dated 19.12.2023 by which it has been observed that the death has been caused due to Asphyxia caused by strangulation and two external injuries of size six inch and four inch was found on the body of the deceased.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Warisaliganj P.S. Case No. 369 of

Patna High Court CR. MISC. No.82169 of 2023(3) dt.05-03-2024 3/3 2023, pending before the learned Chief Judicial Magistrate, Nawada is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail eight months from today.

10. The Trial Court is directed to expedite the trial. (Dr. Anshuman, J.) Divyansh/- U T