Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35495 of 2022 Arising Out of PS. Case No.-70 Year-2020 Thana- MAKER District- Saran ====================================================== Raj Kumar Rai Son of Late Satya Narayan Ray, Resident of village - Nandan Kaituka, P.S. - Maker, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Maker P.S. Case No. 70 of 2020, lodged under Sections 147 and 304(B) of the Indian Penal Code read with Section 3/4 of the D.P. Act and Section 27 of the Arms Act.

As per prosecution case, the allegation of Sections 304(B) and 147 of I.P.C. read with Section 3/4 of D.P. Act and Section 27 of Arms Act has been made against the petitioner along with his entire family members.

Learned counsel for the petitioner submits that from the entire material, it transpires that it is not a case of murder

Patna High Court CR. MISC. No.35495 of 2022(4) dt.30-11-2022 2/2 rather it is a case of suicide by closing the door by the victim. Learned counsel also submits that antecedent of the petitioner is clean and he is in custody since 14.03.2022.

Upon specific query that whether charge has been framed or not, learned counsel submits that as per his knowledge charge has not framed.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is husband and case is under Section 304(B) of I.P.C.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after 9 months of framing of charge and the Trial Court is directed to expedite the trial as earliest as possible. (Dr. Anshuman, J.) ravishankar/- U T