Rajnath Rai @ Rajnath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44074 of 2023 Arising Out of PS. Case No.-158 Year-2021 Thana- KOPA District- Saran ====================================================== Rajnath Rai @ Rajnath Son Of Late Prabhu Ray @ Prabhunath Ray Resident Of Village - Piano Ke Tola Belwa, P.S. - Kopa, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

The prosecution case as per F.I.R is that while the niece of the informant was taking bath, this petitioner took photographs and when she resisted and called the informant, this petitioner assaulted the informant on his head as a result of which, he sustained injuries. It is further alleged that on 06.09.2021, the petitioner forcibly took away the niece of the informant

Patna High Court CR. MISC. No.44074 of 2023(3) dt.30-08-2023 2/3 by motorcycle. The informant followed the petitioner and found the dead body of the niece of the informant near railway crossing.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. In fact, the niece of the informant was crossing the railway track and met with an accident and taking the advantage of her accident, this false case has been registered against the petitioner. The postmortem report also suggests the cause of death by train accident. The petitioner is languishing in custody since 28.04.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is named in the F.I.R. Earlier, the informant had lodged a case against the petitioner for outraging the modesty of niece of the informant. The petitioner forcefully took away the niece of the informant and thereafter the dead body of

Patna High Court CR. MISC. No.44074 of 2023(3) dt.30-08-2023 3/3 the niece of the informant was found. The independent witnesses have also supported the case of the prosecution during trial.

Considering the fact that there is specific accusation against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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