Dharamveer Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30190 of 2022 Arising Out of PS. Case No.-566 Year-2005 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DHARAMVEER RAI Son of Brahmdev Rai Resident of Village - Bhatgaon, P.s.- Barh, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Shrivastava For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 566 (C) of 2005, registered for the offences punishable under Sections 304 (B) and 201 of the Indian Penal Code.

As per allegation, the petitioner was married to the daughter of the informant in the year 2000. His daughter was subjected to cruelty for non-fulfilment of dowry demand. In

Patna High Court CR. MISC. No.30190 of 2022(3) dt.03-01-2023 2/3 the night of 19th June 2004, the accused persons committed murder of the daughter of the informant and concealed her dead body.

Learned counsel for the petitioner has submitted that as a matter of fact, the cause of death of the deceased was snake bite. It was detected during course of investigation that deceased lost her life due to snake bite. As such, the Investigating Authority submitted final form against all the accused persons, including the petitioner. Thereafter, the case proceeded on the basis of protest petition and the cognizance was taken without any material against the petitioner. The cognizance has been taken on 11.05.2006. The first anticipatory bail petition of the petitioner vide Cr. Misc No. 37818 of 2007 was dismissed for default on 05.05.2008. The petitioner has filed the second anticipatory bail petition after lapse of 14 years.

In my view, the petitioner does not deserve the privilege for anticipatory bail. Accordingly, it is rejected. The petitioner is directed to surrender before the court below and make a prayer for regular bail. His bail petition shall be disposed of without being prejudiced by this order and on the merit of the case.

Patna High Court CR. MISC. No.30190 of 2022(3) dt.03-01-2023 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T