Shailendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41448 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- MASHRAK District- Saran ====================================================== Shailendra Rai Son Of Sheoji Rai Resident Of Village - Padumpur, P.S. - Masharakh, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mili Kumari, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mashrakh P.S. Case No. 93/2024 dated 24.02.2024 registered for the offence punishable u/ss 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter by strangulating her neck due to nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.41448 of 2024(2) dt.19-06-2024 2/2 petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. Learned counsel has submitted that Guriya Devi has committed suicide. The petitioner had extra marital affair with the co-accused, Nidhi Kumari. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is husband of the deceased who committed murder due to non-fulfillment of demand of dowry.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Mashrakh P.S. Case No. 93/2024 pending in the court of learned A.C.J.M-7, Saran.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) atul/- U T