Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26313 of 2020 Arising Out of PS. Case No.-439 Year-2019 Thana- RAXAUL District- East Champaran ====================================================== 1.

RAJ KUMAR SAH S/o Shankar Sah Resident of Khekhariya, P.S.-Raxaul, District-East Champaran.

2.

Jaitali Devi @ Jaikali Devi W/o Shankar Sah Resident of Khekhariya, P.S.- Raxaul, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-11-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Mr.Anuj Kumar Srivastava, learned APP, is appearing as it is submitted that the brief has been allotted to him by the office of Advocate General. His name may also be printed in the cause list.

Patna High Court CR. MISC. No.26313 of 2020(3) dt.12-11-2020 2/3 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioners seek bail in Raxaul P.S. Case no. 433 of 2019 instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code.

The informant, who is maternal uncle of the victim, alleges that his niece has been done to death at her in-laws due to illicit relation of the petitioner No.1 with his maternal aunt. Petitioners' counsel submits that the motive assigned in the FIR, in fact, is the reason for the victim to commit suicide. Apparently, the victim was under a wrong impression about the illicit relation. The petitioners are in custody since 02.12.2019. The learned APP opposed the prayer for bail by submitting that the petitioner No.1 is husband of the victim and petitioner no.2 is mother-in-law. The death in the matrimonial home is unnatural and the allegation are serious in nature. Considering the rival submissions, this Court, for the present, is not inclined to allow the petitioners' prayer for bail.

Patna High Court CR. MISC. No.26313 of 2020(3) dt.12-11-2020 3/3 Prayer for bail is rejected.

(Madhuresh Prasad, J) shyambihari/- U