Ramchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38839 of 2022 Arising Out of PS. Case No.-318 Year-2020 Thana- GORAUL District- Vaishali ====================================================== 1.

Ramchandra Rai Son Of Jainarayan Rai Resident Of Village- Pirori, P.S.- Goraul District- Vaishali 2.

Sunil Kumar Son of Ramchandra Rai Resident of village- Pirori, P.s.- Goraul District- Vaishali 3.

Raghvendra Kumar @ Chhotu @ chhotu Kumar Son of Virendra Kumar @ Birendra Prasad Yadav @ Birendra Rai Resident of village- Pirori, P.s.- Goraul District- Vaishali 4.

Shashikant Mani Yadav Son of Late Rajendra Rai q Resident of villagePirori, P.s.- Goraul District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners, counsel for the informant and learned APP for the State. The petitioners have prayed for bail in connection with Goraul P.S. Case No. 318 of 2020 instituted for the offence under Sections 447, 448, 504, 323, 324, 354, 307/34 of the Indian Penal Code and further added Section 302 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with other co-accused persons came to the house of the

Patna High Court CR. MISC. No.38839 of 2022(3) dt.04-01-2023 2/3 informant and abused her. It is also alleged that they hold the hair of the informant and dragged her out from the house. Thereafter, petitioners along with co-accused persons pour Kerosene on the informant and ablaze her, due to which she succumbed to injuries.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this. Petitioners are in custody since 03.05.2022. It is further submitted that both parties have inimical relation. There is case and counter case between the parties. Learned APP appearing on behalf of the State and learned Counsel for the informant vehemently opposed the prayer of the petitioners and submitted that F.I.R. has been registered by the deceased herself and she has specifically stated about the complicity of the petitioners in the offence. It may be consider as Dying declaration. The petitioners and other co-accused persons have poured Kerosene oil and set the informant on fire and due to which she succumbed to burn injuries. Postmortem Report also supported the prosecution version and cause of death was due to burning.

Patna High Court CR. MISC. No.38839 of 2022(3) dt.04-01-2023 3/3 Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same within a period of six months. However, if the trial of the petitioners is not concluded within a period of six months, they would be at liberty to renew their prayer for bail.

(Sunil Kumar Panwar, J) nirajkrs/- U T