Patna High CourtCR. MISC./36725/2024bail rejected

Tarkeshwar Ray v. The State Of Bihar

2024-08-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36725 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- MASHRAK District- Saran ====================================================== TARKESHWAR RAY S/O DAROGA RAY R/O VILLAGE- BANGARA, P.S- MASHRAKH, DISTT.- SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nalin Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with S.T. No. 305/2024 arising out of Mashrakh P.S. Case No. 276/2023 for the offence punishable under Sections 341, 323, 325, 307, 34 and 302 of the Indian Penal Code lodged on 27.05.2023 by the informant, Dharmendra Kumar Yadav.

3. As per the prosecution story, the accused persons including the petitioner armed variously assaulted the informant and his family members and the further allegation is that when the lady Shanti Devi to save Shailesh Kumar Yadav, allegation is that this petitioner assaulted on her head as a result whereof she fell down, was unconscious and subsequently, in course of treatment, she died.

4. Earlier the bail application of the petitioner was

Patna High Court CR. MISC. No.36725 of 2024(3) dt.23-08-2024 2/2 vide Cr. Misc. No. 73007 of 2023 and now fresh petition has been filed.

5. A report was called for and according to it, the charges have been framed in the matter on 27.06.2024.

6. Learned counsel for the informant submits that the they will be pursuing the matter so that the trial is concluded at an earliest.

7. Considering the nature of allegation that has come against the petitioner and the assault made by him proved fatal, this Court is not inclined to extend the privilege of bail which is accordingly rejected. The Trial Court is requested to look into the matter and expedite the trial.

(Rajiv Roy, J) Ravi/- U T