Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37121 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Ajay Rai S/O - Singeshwar Rai @ Singeshwar Ray R/O- Village - Chandpur , P.S -Raghopur, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

As per the allegation in the FIR, the sister of the informant went to buy domestic goods outside but she did not return, later on she was found dead and her body was thrown in the field where naked live wire was surrounding the field. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that during course of investigation, the petitioner has been made accused only on the basis of suspicion and FIR was

Patna High Court CR. MISC. No.37121 of 2024(3) dt.01-08-2024 2/2 lodged against unknown persons and the FIR was lodged after four days of the alleged occurrence and there is no plausible explanation for the delay in lodging the FIR. From perusal of the postmortem report attached with the case diary in para-18, it appears that the deceased died due to electrocution. Petitioner is in custody since 29.01.2024 and he has got clean antecedent as stated in para-3 of the petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 184 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T