Rajesh Kumar @ Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32849 of 2022 Arising Out of PS. Case No.-542 Year-2019 Thana- DHANARUA District- Patna ====================================================== Rajesh Kumar @ Rajesh Prasad, S/o Rajballam Yadav @ Rajballabh Yadav, R/o Village- Madahipar, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with S. Tr. No. 281 of 2020 arising out of Dhanarua P.S. Case No.542 of 2019, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The prosecution case as emerges from the FIR is that the marriage of the informant's daughter/Lalita Devi was solemnized with the accused-petitioner Rajesh Prasad according to Hindu rites and customs in the year 2015. Moreover, after two years they were blessed with a baby. Further, after some time, the husband and his family

Patna High Court CR. MISC. No.32849 of 2022(5) dt.23-02-2023 2/3 members started torturing her for non-fulflment of illegal demand of dowry, and ultimately, they killed her. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

He further submits that the petitioner has been languishing in jail since 06.08.2020.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the petitioner is husband and the trial is at its fag end. Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on bail at this stage The petition stands rejected accordingly.

Patna High Court CR. MISC. No.32849 of 2022(5) dt.23-02-2023 3/3 Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) chandan/- U T