Ajay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.26196 of 2020 Arising Out of PS. Case No.-11 Year-2018 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Ajay Rai S/o Nandlal Rai Resident of Village-Belahiya, P.S.-Tariyani Chapra, District-Sheohar.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad,Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with Tariyani Chapra P.S. Case No. 11 of 2018 registered for the offences punishable under Sections 304(B), 201, 498A, 34 of the Indian Penal Code.
As per prosecution story, the sister of the informant got married in the year 2016 with this petitioner as per Hindu customs. After one year the accused was demanding four wheeler and started torturing her physically and mentally. On information that his sister had ran away from the house of the petitioner the informant along with villagers went in search of her and found her dead body under the soil in the field of Parmeshwar Rai.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is the husband of the deceased
Patna High Court CR. MISC. No.26196 of 2020(4) dt.07-12-2020 2/2 and has committed no offence. The petitioner is in custody since 28.02.2020.
On the other hand, learned APP for the State has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein this petitioner is said to be the husband of the deceased, marriage between the deceased and the petitioner had taken place in the year 2016 and then it has come in course of investigation that the dead body of the deceased was recovered from a field which was covered by soil and then this petitioner had gone to his sasural in search of his wife but dead body was found near the field situated near his house and learned APP for the State has informed after looking into the post mortem report that the cause of death was asphyxia, and the doctor also noticed the injury mark on the back of the deceased, in the nature of the materials present, this Court is not inclined to grant bail to the petitioner.
The prayer for regular bail of the petitioner is, thus, refused.
Let the trial be expedited.
The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.