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Patna High CourtCR. MISC./34940/2022dismissed

Ajay Rai v. The State Of Bihar

2023-01-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34940 of 2022 Arising Out of PS. Case No.-46 Year-2020 Thana- JURAWANPUR District- Vaishali ====================================================== AJAY RAI Son of Ram Ekbal Rai Resident of Village - Shivnagar, Akauna Tola, P.S.- Jurawanpur, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Dr. (Mrs.) Indiwar Kumari.

The petitioner seeks regular bail in connection with Jurawanpur P.S. Case No. 46/2020, registered for the offence punishable under Sections 304(B) and 120(B)/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein, who is the husband of the deceased victim lady, having

Patna High Court CR. MISC. No.34940 of 2022(3) dt.23-01-2023 2/3 killed her on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 3.7.2020. The learned counsel for the petitioner has further submitted that there is no eye-witness to the alleged occurrence.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the facts noted by the learned court below in the impugned order dated 21.2.2022, this Court finds that the complicity of the petitioner in the alleged killing of his wife is writ large from the records, hence, I am not inclined to grant bail to the petitioner,

Patna High Court CR. MISC. No.34940 of 2022(3) dt.23-01-2023 3/3 thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T