← Library
Patna High CourtCR. MISC./76474/2019rejected

Amit Kumar @ Amit v. The State Of Bihar

2020-03-05Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76474 of 2019 Arising Out of PS. Case No.-192 Year-2019 Thana- BEUR District- Patna ====================================================== AMIT KUMAR @ AMIT S/o Dr. Ashok Kumar R/o Village- Dashratha, Bypass, P.S.- Beur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 304(B), 307 and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the deceased has committed suicide due to mental depression and this petitioner has falsely been implicated in this case. The petitioner is rotting in judicial custody since 30.05.2019. Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the victim

Patna High Court CR. MISC. No.76474 of 2019(3) dt.05-03-2020 2/2 has not committed suicide rather she has been killed by throttling her neck by the petitioner. The Post Mortem Report also reflects that the victim died due to Asphyxia resulting by anti-mortem closure of external air passage, mouth and nose with anti-mortem compression of neck. Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail o this petitioner is rejected. (Arvind Srivastava, J) brajesh/- U T