Rakesh Kumar vs State Of H.P
2021 Latest Caselaw 1000 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No.66 of 2021 Reserved on: 27th January, 2021.

.

Date of Decision: 04th February, 2021.

    Rakesh Kumar                                                      ...Petitioner.

                                  Versus





    State of H.P.                                                        ...Respondent.

    Coram:

The Hon'ble Mr. Justice Anoop Chitkara, Vacation Judge.

Whether approved for reporting?1 NO For the petitioner : Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate.

For the respondent :

r Mr. Sudhir Bhatnagar, Addl.A.G. with Mrs. Seema Sharma, Dy. A.G., Mr. Shreyak Sharda, Sr. Asstt.

A.G. and Mr. Manoj Bagga, Asstt. A.G.

THROUGH VIDEO CONFERENCE

FIR No. Dated Police Station Sections 108/19 30.07.2019 Dharamshala, District 498-A, 302 & 506 IPC.

Kangra, H.P.

Anoop Chitkara, Vacation Judge.

The petitioner, who is in judicial custody in the aforementioned FIR, for

strangulating his wife to death, has come up before this Court under Section 439 of

CrPC, seeking bail.

2. A perusal of report filed under Section 173(2) Cr.P.C., reveals that the cause of

death was strangulation. When a wife dies in the house of a husband, burden is on

the husband to explain her death. Perusal of the bail petition reveals that the

petitioner has not offered any explanation. On the other hand, few days before her

death, the petitioner has purchased Insurance Policy, which is another factor to deny

Whether reporters of Local Papers may be allowed to see the judgment?

the bail. Therefore, there is no merit in the petition and the same is dismissed

accordingly, with liberty to the petitioner to file afresh at a subsequent stage, if need

.

so arises.

(Anoop Chitkara), Vacation Judge.

February 04, 2021 (ps).

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