Rajesh Kumar @ Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56856 of 2021 Arising Out of PS. Case No.-383 Year-2018 Thana- MANER District- Patna ====================================================== RAJESH KUMAR @ RAJESH RAI S/o SUMANTH RAI R/o VILLAGEGOPALPUR LODIPUR, P.S-MANER, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-11-2021 Heard the learned counsel for the petitioner and Md. Sufyan, learned APP appearing for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Maner PS case no. 383 of 2018 registered under Section 302/34 of Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected vide order dated 28.05.2020, passed in Cr. Misc. no. 87304 of 2019. The case of the prosecution in brief is that the daughter of the informant namely Ram Babu Rai got married with the petitioner about 10 years ago, however after marriage, the petitioner used to demand money from the informant and used to torture the daughter of the informant due to nonfulfilment of demand for dowry. On 26/27.07.2018 at about 1.30

Patna High Court CR. MISC. No.56856 of 2021(2) dt.17-11-2021 2/2 am in the night, the informant got information that the daughter of the informant has been killed by her in-laws including the petitioner herein and upon the informant having gone there, he found the dead body of his daughter lying in the house of the inlaws of the daughter of the informant, however nobody was present there.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 29.07.2018 and there is no progress in the trial, however in the connected case, some witnesses have been examined and they have not supported the case of the prosecution.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, this Court finds that not only the petitioner is accused of killing his wife but there is also no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, hence I do not find any merit in the present case, accordingly the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T