Murari Singh @ Raja Kumar @ M. K. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19118 of 2020 Arising Out of PS. Case No.-323 Year-2018 Thana- GHORASAHAN District- East Champaran ====================================================== Murari Singh @ Raja Kumar @ M. K. Raja S/o Akshaybal Singh @ Akshaybar Singh R/o village- Balapur, P.S.- Ghorasahan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Ghorasahan P.S. Case No.323 of 2018 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the FIR, the daughter of the informant who was married to the petitioner in February, 2017 was abused and beaten up by the petitioner for non-fulfillment of demand of dowry in the form of motorcycle, money etc. It is further stated that he received information on 10.8.2018 on telephone that his daughter had died.

It is submitted by learned counsel for the petitioner that earlier application for bail of the petitioner was rejected

Patna High Court CR. MISC. No.19118 of 2020(5) dt.28-09-2020 2/2 vide order dated 5.11.2019 (Annexure-1). It is further submitted that the allegation as levelled in the F.I.R. are not only false and concocted, but lacking in details. It is further submitted that the independent witnesses have not supported the case of the prosecution against the petitioner. Further the petitioner has explained the conditions in the family in paragraph nos. 10 and 11 of his petition which led to his wife committing suicide which would be evident from the postmortem report also. The petitioner has no criminal antecedent and is in custody since 11.8.2018.

The application for bail is opposed by learned APP for the State.

The application for bail of the petitioner was earlier rejected vide order dated 5.11.2019 (Annexure-1) with an observation that the trial be expedited. Having heard learned counsel for the parties and taking into consideration the materials available in the case diary as also the earlier order of rejection, the Court is not inclined to enlarge the petitioner on bail. The application for bail is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U