Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3064 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- PIPRIYA District- Lakhisarai ====================================================== Dilkhush Kumar Son of Upendra Singh Resident of Village- Kanharpur, P.S.- Pipariya, Distt.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Ms. Vaishnavi Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.3064 of 2024(5) dt.19-07-2024 2/3 been implicated in this case. There is no prior complaint of torture, harassment or assault against the petitioner or any family member. Moreover, the postmortem report is not in consonence with the prosecution case and the F.S.L report also does not corroborate the prosecution case as no metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile poison could be detected. The petitioner is husband and he is languishing in custody since 29.07.2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The deceased was pregnant and death of the deceased was due to electrocution which is an abnormal circumstance. The deceased died within seven years of marriage. Moreover, the confessional statement of the petitioner is part of the case diary in which, he has confessed his guilt that he

Patna High Court CR. MISC. No.3064 of 2024(5) dt.19-07-2024 3/3 along with two other accused have killed the deceased. Considering the fact that petitioner is husband of the deceased and he confessed his guilt, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T