Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37651 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- BHELDI District- Saran ====================================================== Raju Sah Son of Gulab Sah Resident of village - Jogni Parsa, P.S. - Bheldi, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 13.08.2022 in connection with Bheldi P.S. Case No. 292 of 2022, F.I.R. dated 12.08.2022 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

4. According to prosecution case, all the accused persons including the petitioner have killed the daughter of the informant due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis that the petitioner is

Patna High Court CR. MISC. No.37651 of 2023(3) dt.10-08-2023 2/2 the husband of the deceased. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against the petitioner. He further submits that the family members of the deceased also participated in the cremation of the deceased.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has committed the murder of his wife within a period of 2 months from the marriage and it has also come during investigation that the petitioner always used to demand dowry from the family members of the deceased. He further submits that sufficient material has come during investigation in paragraph 7,8 and 9 of the case diary that the witnesses have also supported the case of the prosecution.

7. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Bheldi P.S. Case No. 292 of 2022 pending in the court of learned Sessions Judge VII, Saran at Chapra.

8. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T