Rajendra Ram @ Rajendra Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7741 of 2022 Arising Out of PS. Case No.-184 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== RAJENDRA RAM @ RAJENDRA KUMAR RAM Son of Late Ram Chandra Ram Resident of Village- Kishanpur Chhith, P.S.- Maniyari, DistrictMuzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2022 Heard Sr. learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maniyari P.S. Case no. 184 of 2018 instituted for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code. It is a case of commission of murder to the petitioner's wife within seven years of marriage due to non-fulfillment of dowry demand of Rs. One lac.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The entire allegation against the petitioner is false and fabricated. There is no any sign of injury was present on the body of the deceased either internally or externally. In fact, deceased had herself consumed poison, which is apparent from the postmortem report.

Patna High Court CR. MISC. No.7741 of 2022(3) dt.05-09-2022 2/2 Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is husband and he is sole responsible to take proper care of his wife. There is direct allegation against him. From perusal of para 5,9, 10 and 11 of the case, it appears that informant and several witnesses have supported the prosecution story. In FSL report, it is mentioned that Almunium phosphide was detected. Having heard learned counsel for the parties and taking into consideration that petitioner is husband of the deceased and there is direct allegation against him, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected. The application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection. (Sunil Kumar Panwar, J) sushma/Aman U