Shailesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33359 of 2020 Arising Out of PS. Case No.-543 Year-2019 Thana- MANER District- Patna ====================================================== SHAILESH RAI S/o Laxmi Narain Singh R/Village-Patila, P.S.-Maner, District-Patna.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar Sinha, Advocate.

For the State :

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 07.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maner P.S. Case No.543 of 2019 registered under Sections 302 and 201/34 of the Indian Penal Code, pending in the court of the Judicial Magistrate, First Class, Danapur, Patna. The accusation is of killing the daughter of the informant by her husband (petitioner) and other in-laws by pressing her neck and concealing her dead body. The informant

Patna High Court CR. MISC. No.33359 of 2020(2) dt.12-03-2021 2/2 alleged that the cause of occurrence is of the protest being made by her daughter regarding the love affair of her husband (petitioner) with a girl of the family.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the deceased died due to illness but with an ulterior motive, the informant, who is the mother of the deceased, the wife of the petitioner, has lodged the present case with false allegation.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T