Patna High CourtCR. MISC./13653/2023bail granted

Bishwanath Rai v. The State Of Bihar

2023-07-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13653 of 2023 Arising Out of PS. Case No.-182 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Bishwanath Rai S/O Late Treveni Rai Resident Of Village- Bishnupur Samastipur, P.S.- Bachwara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bachwara P.S. Case No. 182 of 2020 registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner got remarried after the death of his first wife. The deceased was his daughter from the first wife and she was being tortured by the petitioner and his second wife. The informant alleged that his niece has been killed by the accused persons.

4. Learned counsel for the petitioner submits that there is no eye witness to the torture and killing of the deceased and he is in custody since 13.7.2022.

5. The petitioner is the father of the deceased. He

Patna High Court CR. MISC. No.13653 of 2023(3) dt.28-07-2023 2/2 has not informed the police or the informant who is the maternal uncle of the deceased about the death of the deceased. He being the father has special knowledge about the whereabouts of the deceased and it is for him to explain as to how the deceased died and information of her death was given to no one.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. In view of the aforesaid facts and circumstances, I am not inclined to grant bail to the father who has killed his own daughter.

8. Accordingly, this application is dismissed.

9. The Court below is directed to expedite the trial. (Sandeep Kumar, J) Shishir/- U T