Gobind Ray @ Gobinda Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47570 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- TARARI District- Bhojpur ====================================================== Gobind Ray @ Gobinda Ray Son Of Kesho Ray R/O Village- Kharauna, P.S.- Tarari In The Ditrict Of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 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 Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of the deceased and the deceased died while cooking food.

Patna High Court CR. MISC. No.47570 of 2022(5) dt.28-02-2023 2/3 The family members of the deceased were informed and they also participated in the last rituals of the deceased but thereafter with an ulterior motive, they lodged the present false and fabricated case against the petitioner and others. There is general and omnibus allegation against all the F.I.R named accused persons including the petitioner. The petitioner is languishing in custody since 20.01.2022.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased. The death of the deceased was due to burn injury which is an abnormal circumstance, hence postmortem must be conducted in such type of incidence. Hence, not sending the body for postmortem and cremating the dead body in a hurry reflects that petitioner and his other family members were actively involved in the commission of murder of

Patna High Court CR. MISC. No.47570 of 2022(5) dt.28-02-2023 3/3 the deceased. The independent witnesses have also supported the case of the prosecution.

Considering the fact that petitioner is husband of the deceased and the death occurred within seven years of the marriage, 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