Santosh Rajak @ Shantosh Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6974 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- SHAMPUR District- Munger ====================================================== Santosh Rajak @ Shantosh Rajak Son of Upendra Rajak R/O Village - Raghunathpur (Ghorghat), P.S.- Bariyarpur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwari, Advocate For the Informant :

Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard Mr. Ravish Mishra, learned counsel for the petitioner, Mr. Nityanand Tiwari, learned APP for the State and Mr. Rabindra Kumar, learned counsel for the informant. Perused the case diary.

2. The petitioner seeks bail in connection with Shampur P.S. Case No. 103 of 2024 instituted for the offences under Sections 80/103/61(2), 3(5) of the BNS.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.6974 of 2025(4) dt.11-04-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that petitioner never demanded any dowry nor subjected the deceased to assault or torture. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there is specific allegation against the petitioner that he forcefully took the deceased and thrown her into the river and this fact is further corroborated by the post-mortem report of the deceased as the doctor has opined that the deceased died due to asphyxia caused by drowning. Learned APP, therefore, prayed that petitioner may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also there being specific allegation against the petitioner supported by the medical evidence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.6974 of 2025(4) dt.11-04-2025 3/3

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T