Rajeev Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.34848 of 2020 Arising Out of PS. Case No.-226 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== RAJEEV DAS Son of Late Binda Das Resident of Village- Sheikhpura, Police Station- Ghosi in the district of Jheanabad. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, advocate.
For the Opposite Party/s :
Mr.Akhileshwar Dayal, APP For the Informant : Mr. Dilip Kumar, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Akhileshwar Dayal, learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with S.Tr. No. 66 of 2020/44 of 2020 (arising out of Ghosi P.S. Case No. 226 of 2019) registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per the prosecution story, the marriage of the daughter of the informant was solemnized with this petitioner namely Rajeev Das five years ago. It is further alleged that his son-in-law used to assault his daughter time to time in intoxicated condition and
Patna High Court CR. MISC. No.34848 of 2020(5) dt.06-07-2021 2/3 once he tried to kill her also. According to the informant on 25.6.2019 at about 4 pm he was informed by co-villager of the petitioner that his daughter has been killed and her dead body has been disappeared.
Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the daughter of the informant committed suicide. The petitioner is in custody since 10.7.2019 having no criminal antecedent.
Learned APP for the State has opposed the prayer for regular bail of the petitioner. It is submitted that petitioner is the husband of the deceased and the death has taken place inside the matrimonial home of the deceased.
Having regard to the facts and circumstances of the case wherein it has transpired in course of investigation that the daughter of the informant was killed by throttling her neck then her dead body was concealed in a khanda (bush) from where the police recovered the dead body after digging out the same, the petitioner happens to be the husband of the deceased and the death has taken place inside the matrimonial home of the deceased, considering the gravity of the offence alleged and the materials showing that the dead body was concealed in a bush
Patna High Court CR. MISC. No.34848 of 2020(5) dt.06-07-2021 3/3 with an intention to get rid of the evidence, this court is not inclined to grant bail of this petitioner at this stage. Let the trial be expedited.
If the trial remains unconcluded for a period of one year from start of normal functioning of the Court for no reason attributable to the petitioner, he may renew his prayer for bail. (Rajeev Ranjan Prasad, J) SUSHMA2/Sonali/ - U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.