Ganesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37229 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Ganesh Ray Son of Jang Bahadur Ray R/o -Khajechand Chapra PS -Kathara, District- vaishali ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Paswan For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2025 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 Garoul (Kathara) P.S. Case No. 365/2024 dated 16.09.2024 registered for the offence punishable u/s 103, 238 read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the informant got information that her daughter disappeared from the house. On such information, the informant came to the house of her daughter and the villagers informed her that her daughter had disappeared from the house since night. It is further alleged that she searched for her daughter along with the villagers and found the dead body of her daughter in a pond. The informant
Patna High Court CR. MISC. No.37229 of 2025(2) dt.13-08-2025 2/3 apprehends that the petitioner and the co-accused persons have killed her daughter.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused persons have already been granted regular bail by this court vide order dated 04.03.2025 passed in Cr. Misc. No. 6913/2025. There is general and omnibus allegation against the petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. Learned counsel has submitted that on the date of alleged incident, the petitioner was in Greater Noida. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.11.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased. As per the Postmortem report, several injuries including head injury were found on the body of the deceased and the cause of death is due to head injury caused by hard and blunt substance. It is further
Patna High Court CR. MISC. No.37229 of 2025(2) dt.13-08-2025 3/3 submitted that the plea of alibi cannot be taken into consideration at this stage.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Garoul (Kathara) P.S. Case No. 365/2024 pending in the court of learned A.C.J.M-1, Vaishali at Hajipur.
7. This application stands rejected.
(Chandra Prakash Singh, J) atul/- U T