Sudish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55367 of 2018 Arising Out of PS. Case No.-108 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== Sudish Rai S/o Punyadeo Rai @ Pundev Yadav, Resident of Village- Seriya, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Basantpur P. S. Case No. 108 of 2018 instituted for the offence under Section 302/34 of the Indian Penal Code.

It is alleged in the written report that Nanad of the informant was married with this petitioner in the year 2000. She received message that her Nanad has been killed in her sasural. On getting information, informant went to sasural of her Nanad and found the dead body of her Nanad, namely, Prabhawati Devi was lying on a roof and there was injury on her head and sign of pressing her throat. The tongue had come out from mouth and the blood was scattered on the roof. The son of the deceased, namely, Pankaj Kumar was confined in a

Patna High Court Cr.Misc. No.55367 of 2018(3) dt.26-10-2018 2/2 room. The room was opened and Pankaj Kumar after being released from confinement told the informant that he along with his mother were sleeping on the roof then this petitioner along with other accused persons started assaulting his mother and his father ( petitioner) confined him in the room. He has further stated that his mother has been killed by this petitioner and other accused persons.

Case diary has been received, wherein, postmortem report is available. The doctor has found ligature mark black in colour and other injuries on her person and death has been caused due to shock and asphyxia which supports the allegation against this petitioner.

In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. He is given liberty to renew prayer for bail after nine months if no substantial progress is made in the case.

Trial court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T