Rajgrihy Ram @ Rajgrih Ram @ Rajagrih Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48985 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Rajgrihy Ram @ Rajgrih Ram @ Rajagrih Ram, Son of Shivadhar Ram Resident of Mohalla - Rasulpur Karmahari, P.S.- Mohaniya, District - Kaimur (Bhabhua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Sasaram Rail P.S. Case No. 34 of 2022 registered for the alleged offences under Sections 302, 201, 34 of the Indian Penal code.

As per prosecution case, dead body of the sister of the informant was recovered from a pile of paddy husk. During investigation, the name of petitioner transpired as one of the accused person who was last seen with the deceased along with other co-accused persons.

Patna High Court CR. MISC. No.48985 of 2022(3) dt.08-02-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been named in this case merely on the basis of suspicion. The allegation against the petitioner is that he was last seen with the deceased but there is no other material to support this allegation. There is no eye witness to the murder of the informant and no motive has been shown against the petitioner. Nothing incriminating has been recovered from the person or possession of this petitioner. The informant has not named this petitioner while he named other persons for being involved in the murder of his sister. The petitioner is in custody since 06.04.2022 and charge-sheet has been submitted. The petitioner has got no criminal history.

Learned APP has opposes the prayer for bail submitting that during investigation the examined witnesses in Para-71, 72, 73 and 79 of the case diary have stated about the petitioner and others being seen with the deceased before her death. They further stated about the deceased being taken away to the house of petitioner, thereafter, the body of the deceased was found.

Perused the record.

Having regard to the facts and circumstances and

Patna High Court CR. MISC. No.48985 of 2022(3) dt.08-02-2023 3/3 submissions made on behalf of the parties and considering the gravity of offence and nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Hence, the prayer for bail is rejected.

However, the learned trial court is directed to expedite the trial and conclude the same preferably within a period of one year.

(Arun Kumar Jha, J) Ashish/- U T