Ajeet Kumar Rai @ Ajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7009 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- BANIAPUR District- Saran ====================================================== AJEET KUMAR RAI @ AJEET KUMAR Son of Baban Rai Resident of Village - Chaturbhuj Chapra, P.S. - Baniyapur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Nawal Kishore Prasad Mr. Ashok Chaudahry ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.
Heard Shri Sanjay Kumar Singh and Shri Nawal Kishor Prasad, learned A.P.P. for the State.
The petitioner seeks regular bail in connection with S. Tr. No. 381 of 2019 arising out of Baniyapur P.S. Case No. 97 of 2019 for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.
The case of the prosecution in brief is that the grand daughter of the informant, namely, Pinki Devi was married with the petitioner herein on 10.07.2018 as per Hindu rites and
Patna High Court CR. MISC. No.7009 of 2020(3) dt.29-05-2020 2/3 customs and during the course of marriage, dowry was given. Thereafter, the accused persons including the petitioner used to torture the grand daughter of the informant on account of nonfulfillment of the demand for dowry and finally on 25.03.2019, the informant received a secret information to the effect that the accused persons had committed murder of the grand daughter of the informant by strangulating her on account of non-fulfillment of the demand for dowry and disposed off the dead body. The learned counsel for the petitioner has submitted that though the petitioner is husband of the deceased victim lady but is innocent and has been falsely implicated in the present case. It is further submitted that the deceased had died on account of hanging and the petitioner has got no role in the alleged occurrence. Lastly, it is submitted that the petitioner is having a clean antecedent and is languishing in custody since 26.03.2019. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Considering the facts and circumstances of the case as also the materials available on record and in the case diary. It is apparent that the petitioner is the main accused in the present case and is prima facie responsible for committing heinous crime of murdering his wife, hence this Court does not find any
Patna High Court CR. MISC. No.7009 of 2020(3) dt.29-05-2020 3/3 reason to extend the privilege of bail to the petitioner herein. Thus, the present petition stands dismissed.
(Mohit Kumar Shah, J) S.Sb/- U T