Vinay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44999 of 2024 Arising Out of PS. Case No.-36 Year-2020 Thana- AKILPUR District- Saran ====================================================== Vinay Rai Son of Sipahi Rai Resident of Village - Manas, P.S. - Akilpur, District - Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Sanjeev Kumar, Advocate For the Opposite Party :
Mr.Tarun Prasad Mandal,APP For the Informants :
Mr. Uday Shankar Pandey, Advocate Mr. Om Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 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 Akilpur P.S Case No. 36/2020 dated 18.05.2020 registered for the offence punishable u/s 304B/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner was married to the daughter of the informant in the year 2019. After marriage the petitioner and other co-accused persons used to torture the daughter of the informant for the sake of dowry. When the daughter of the informant made protest for illicit relationship of the petitioner with the co-accused Babita Devi
Patna High Court CR. MISC. No.44999 of 2024(2) dt.25-07-2024 2/3 and Ravita Devi, she was assaulted by the petitioner and his family members due to which she got severely injured and was taken to a private clinic at the village. Thereafter, she was admitted to PMCH, Patna where she died during the course of treatment.
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 petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the Medical Officer in the post mortem report has stated that the cause of death is due to Craniocerebral damage consequent upon head injuries. It is further submitted that earlier the anticipatory bail of the petitioner has been rejected by this court vide order dated 22.02.2023 passed in Cr. Misc. No. 42443/2022.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the
Patna High Court CR. MISC. No.44999 of 2024(2) dt.25-07-2024 3/3 petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Akilpur P.S Case No. 36/2020, pending in the court of learned C.J.M., Saran at Chapra.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
(Chandra Prakash Singh, J) atul/- U T