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Patna High CourtCR. MISC./21256/2020rejected

Prince Rai @ Prince Kumar Rai v. The State Of Bihar

2020-08-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21256 of 2020 Arising Out of PS. Case No.-199 Year-2014 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Prince Rai @ Prince Kumar Rai, Aged about 22 years, Male, Son of Subhash Ray @ Subash Rai, Resident of Village- Ahirauli Dubauli, P.S.- Gopalpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Rai Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2020 Heard Mr. Prashant Kumar, the learned counsel appearing on behalf of the petitioner and Mr. Ram Bilash Rai Raman, the learned Additional P.P.

The petitioner seeks bail in Gopalganj Town P.S. Case No.199 of 2014, registered under Sections 448, 341, 323, 324, 354, 307 and 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added.

The informant, Munni Devi alleged that the petitioner made an attempt to establish physical relation with her daughter, Shashi Kumari and the petitioner was pressurizing for marriage. On 13.05.2014, the petitioner came to the house of the informant and started teasing her daughter. When the daughter of the informant protested, the petitioner stabbed her daughter which hit in her buttock. When the informant and her father-inlaw tried to save the girl, the petitioner is alleged to have stabbed the informant and her father-in-law also in their stomach. During the course of treatment, the informant and her

Patna High Court CR. MISC. No.21256 of 2020(3) dt.18-08-2020 2/2 father-in-law died.

Learned counsel for the petitioner submits that the petitioner is in jail for more than six years but trial has not yet been concluded. The plea of juvenility of the petitioner is under consideration before this Court. It is further submitted that the prosecution has already examined all the prosecution witnesses. Thereafter the defence also examined some witnesses but the case is still pending.

Considering the facts that there is specific allegation that it was the petitioner who firstly stabbed the daughter of the informant and thereafter stabbed the informant and her fatherin-law in their abdomen when they tried to save the girl and the informant and her father-in-law died during the course of treatment and the fact that the trial is at the fag end, I am not inclined to enlarge the petitioner on bail.

The trial court is directed to conclude the trial and dispose of the case within three months after regular functioning of the court.

(Prabhat Kumar Jha, J) S.KUMAR/- U T