Bhairo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31292 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Bhairo Rai Son of Rohu Rai @ Rajendra Rai Resident of VillageDhumnagar, P.S.- Ghorasahan, District- East Champaran. 2.

Rohu Rai @ Rajendra Rai Son of Late Saryug Rai Resident of VillageDhumnagar, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sanju Devi W/o Bhairo Rai Resident of Village- Dhumnagar, P.S.- Ghorasahan, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-02-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioners seek bail in connection with Ghorasahan P.S. Case No. 219 of 2020, G.R. No. 672 of 2020 registered for the offences punishable under Sections 341, 323, 302 and 201/34 of the Indian Penal Code.

According to prosecution case, the informant stating

Patna High Court CR. MISC. No.31292 of 2021(4) dt.08-02-2022 2/3 therein that she is wife of petitioner no.1 and has got four daughters and one son, her husband runs an Orchestra which is opposed by her and her eldest daughter and on protest her husband used to assault them. When her husband came home, he started abusing them and when they said something both the petitioners started assaulting them and they strangulated her and hanged her in house and said to people that she herself hanged. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that the petitioner no.1 is the father of the deceased and petitioner no.2 is the grand father of the deceased.

He further submits that in fact the deceased has committed suicide herself. Learned counsel for the petitioners informs that informent has love affairs with Sanjiv Kumar (deceased). He further submits that the police, after investigation, has submitted the charge sheet against the petitioner in this case. The petitioner is in custody since 02.01.2021.

The learned Additional Public Prosecutor, on the basis of case diary, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner in the case diary. During investigation the sister and

Patna High Court CR. MISC. No.31292 of 2021(4) dt.08-02-2022 3/3 brother of the deceased is also supported the allegation as alleged in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of bail to the petitioner and accordingly, the same stands rejected.

(Rajesh Kumar Verma, J) mdrashid/- U T