Om Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27506 of 2023 Arising Out of PS. Case No.-128 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== Om Prakash Rai Son of Chandeshwar Rai Resident of village - Sahila Baidnath, P.S.- Hathauri, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hathauri P.S. Case No. 128 of 2021 in Session Trial No.172 of 2022 lodged under Sections 304(B) and 34 of the I.P.C. As per the prosecution case, the allegation of Section 304(B) is against the present petitioner. The case has been filed by the father of the deceased and petitioner is the husband. Learned counsel for the petitioner submits that petitioner is in custody since 14.09.2022 having clean antecedent. It is out and out false case lodged against the petitioner and he is basically victim of this case.

Patna High Court CR. MISC. No. 27506 of 2023(2) dt.06-06-2023 2/2 Learned counsel for the State opposes the prayer for bail and submits that petitioner is husband and could not protect his wife.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

Trial Court is directed to expedite the trial and complete within 9 months.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T