Ranjeet Rai @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7633 of 2022 Arising Out of PS. Case No.-795 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ranjeet Rai @ Ranjeet Kumar S/o Late Mahesh Rai R/o Village- Shimrahan Vasudev, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s : Mr.Santosh Kumar, Advocate.

For the Opposite Party/s : Mr.Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Mr. Santosh Kumar, learned counsel for the petitioner and Mr. Suresh Prasad Singh, learned APP for the State are present.

Petitioner seeks regular bail in connection with Ahiyapur P.S. case no. 795 of 2020 registered for the offences punishable under Sections 498(A), 302/34 of the Indian Penal Code. As per allegation, this petitioner and his family members killed the victim by strangulating her and attempted to cremate her dead body but in the meantime, the informant reached at the house of the accused persons and thereafter the dead body of the deceased was brought to the hospital at SKMCH for post

Patna High Court CR. MISC. No.7633 of 2022(4) dt.30-08-2022 2/3 mortem examination and as per the allegation made in the FIR the present petitioner who happens to be the husband of the deceased had been torturing the victim for the demand of Rs. 2,00,000/-.

The main submissions advanced by Mr. Santosh Kumar, learned counsel for the petitioner are that in the FIR the victim's marriage is stated to have taken place 12 years ago but in actual the said marriage took place about 18 years ago, during the investigation all the material witnesses stated that the victim died due to suicide as she had no good relation with her husband and in-laws and deceased's own son deposed during the course of investigation that the present petitioner was not present at the house when the victim died. Further submission is that the doctor concerned who conducted post mortem examination over the dead body of the deceased has given contradictory opinion with regard to the cause of death.

Mr. Suresh Prasad Singh, learned APP has opposed the prayer for bail.

Heard both the sides and perused the FIR and case diary. As per the prosecution's allegation, the petitioner's wife died in suspicious condition and post mortem examination report goes against the petitioner's defence as to the victim having

Patna High Court CR. MISC. No.7633 of 2022(4) dt.30-08-2022 3/3 committed suicide and as per statements of some witnesses mentioned at paragraph no. 5, 10, 11 and 12 of the case diary there was a tense relation between the deceased and the petitioner. Considering these facts and mainly seriousness of the allegation appearing against the petitioner, in the opinion of this Court it is not a fit case for grant of bail to the petitioner. Accordingly his prayer for bail stands rejected. The trial Court is directed to expedite the trial of the petitioner, if the trial is not concluded in the next one year then the petitioner may renew his prayer for regular bail. (Shailendra Singh, J) siddharthkr/- U T