Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20933 of 2022 Arising Out of PS. Case No.-398 Year-2021 Thana- TARAIYA District- Saran ====================================================== MANOJ RAM son of Chhathilal Ram Resident of Village - Deorhi, Police Station - Taraiya, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A and 304B read with 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner and the co-accused persons is of torturing and committing murder of the victim Pushpa Devi by hanging her due to non-fulfillment of Rs. 2 lacs as dowry. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.20933 of 2022(3) dt.08-09-2022 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the deceased. Neither any dowry was demanded nor the deceased was tortured. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and further submitted that as per the inquest report a rope mark was present on the neck of the deceased and it was found that the rope was deeply marked on the front portion of the neck. There is sufficient material available on record against the petitioner to hang her to death. Considering the aforesaid facts and circumstances and the heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail. Learned Trial Court is directed to expedite the trial and conclude the same preferably within 9 months. The bail petition stands rejected.

(Chandra Prakash Singh, J) atul/- U T