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Patna High CourtCR. MISC./26031/2021rejected

Sunil Rai @ Sunil Ray v. The State Of Bihar

2022-01-10Mr. Justice A. M. Badar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26031 of 2021 Arising Out of PS. Case No.-768 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== SUNIL RAI @ SUNIL RAY S/O SIPAHI RAY R/o village- Chargaha Dhobiya Tola, P.S.- Turkauliya, District- East Champaran at Motihari ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Binay Kumar, Advocate.

For the State :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 10-01-2022 The applicant/accused in Crime No.768 of 2020 registered with Police Station-Turkauliya for the offences punishable under Sections 328, 304(B) read with Section 34 of the Indian Penal Code, by this application is seeking his release on bail during the pendency of the trial.

Heard the learned counsel appearing for the applicant/ accused. He submits that cause of death is not reflected. He further submits that the first informant is alleging administration of poison.

The learned A.P.P. opposed the application and submits that as yet viscera report is awaited.

I have considered the submissions so advanced and also perused the materials placed before me.

Patna High Court CR. MISC. No.26031 of 2021(3) dt.10-01-2022 2/2 Nibha Kumari married the applicant 30.06.2020. Within four months of her marriage she died unnatural death at the house of the applicant who happens to be her husband. Witnesses are speaking about harassing and cruelty to Nibha Kumari by the applicant and her in-laws on account of demand of motorcycle and chain.

Viscera report is awaited. Hence, no case for grant of bail to the applicant at this stage is made out. The application is rejected. The applicant may renew his request after receipt of the report of Viscera.

(A. M. Badar, J) P.S./- U T