Subodh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28503 of 2020 Arising Out of PS. Case No.-460 Year-2018 Thana- TEKARI District- Gaya ====================================================== Subodh Ram, S/o Sri Anil Ram @ Anil Prasad, Resident of Village-Revai, Police Station-Tekari (Mau O.P.), District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking pre-arrest bail in connection with Tekari (Mau O.P.) P.S. Case No.460 of 2018 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the husband of the deceased and he has been falsely implicated in this case. Learned counsel submits that there is general and omnibus allegation of assault against all the named accused persons including this petitioner. It is submitted that from the F.I.R. itself it would appear that there is no specific allegation of demand of dowry and torture against this petitioner.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.28503 of 2020(4) dt.22-01-2021 2/2 the prayer for anticipatory bail of the petitioner. Having regard to the facts and circumstances of the case wherein this petitioner is the husband of the deceased, death of the wife has has taken place in the matrimonial home and there is specific allegation against the petitioner that he had been assaulting his wife, she was killed and her dead body was cremated without any information to her family members, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. The observation with regard to surrender in the court below within a period of four weeks from today shall not be construed as granting any interim protection to the petitioner for the aforesaid period.

(Rajeev Ranjan Prasad, J) arvind/- 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'.