Patna High Court
Kundan Sah vs The State Of Bihar on 11 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 10416 of 2021
Arising Out of PS. Case No.-276 Year-2017 Thana- MANSI District- Khagaria
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Kundan Sah, aged about 26 years, Male, Son of Shankar Sah @ Shib Sanker
Sah, Resident of Balkunda, Baidrabad PS - Mansi, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 11-08-2021
The matter has been heard via video conferencing.
2. Heard Dr. Kamal Deo Sharma, learned counsel for
the petitioner and Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioner is in custody in connection with Mansi
PS Case No. 276 of 2017 dated 01.12.2017, instituted under
Sections 302 and 201/34 of the Indian Penal Code.
4. This is the second attempt for bail by the petitioner as
earlier such prayer was rejected by judgment and order dated
11.12.2019 passed in Cr. Misc. No. 45484 of 2019.
5. Learned counsel for the petitioner submitted that he is
in custody since 04.05.2019 i.e., for more than two years. On
Patna High Court CR. MISC. No.10416 of 2021 dt.11-08-2021
merits, he reiterated that the deceased who was his wife died due
to starvation and also lack of money for getting medical aid.
6. Learned APP submitted that in the earlier order of
rejection, it has been noted that assistance was given to the Court
from the case diary in which it had come that the petitioner had
brought the deceased back from her father's house giving
assurance that he would keep her properly and soon thereafter, she
has been killed. It was further submitted that the Court had noted
that the plea of dying due to starvation and lack of money for
consulting doctor is totally unbelievable as there is a local primary
health centre where treatment is given free of cost including
medicines.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
finds that nothing new has come for considering the matter afresh
on merits.
8. Further, the plea of death due to starvation is also not
tenable for the reason that the petitioner and his other family
members have no symptoms or complain of any malnutrition and,
thus, only his wife having the issue of malnutrition and that too, so
severe that it would lead to her death, does not seem to be possible
or believable. The fact that death of a young girl has occurred in
Patna High Court CR. MISC. No.10416 of 2021 dt.11-08-2021
the house of the petitioner without the authorities being informed
and even the explanation which is coming forth from the
petitioner's side appears to be absolutely unbelievable, the Court
finds no reason to allow the prayer for bail.
9. Accordingly, the petition stands dismissed.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
