Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45792 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- PANDARAK District- Patna ====================================================== MAHENDRA RAI Son of Mohit Rai Resident of Village - Mamrakhabad, P.S.- Pandarak, Distt - Patna . ... Petitioner

Versus

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

For the Petitioner : Mr.Premchandra Yadav, Advocate For the Opposite Party : Mr.Uma Shankar Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 498A,302/34 of the Indian Penal Code.

It is alleged that the petitioner and his family members earlier assaulted the victim and one day they killed her. Informant also alleges that he saw external injuries on the person of the deceased.

Learned counsel for the petitioner submits that the petitioner happens to be the husband of the deceased and marriage had taken place 10 years back and out of the wedlock they had two children. He submits that in fact the deceased accidentally fell on the ground from the roof and died on the spot which was immediately communicated to the informant.

Patna High Court CR. MISC. No.45792 of 2019(4) dt.20-09-2019 2/2 Learned counsel for the State vehemently opposes the prayer for bail submitting that even as per the post mortem report, deceased had sustained injuries caused by hard and blunt substances which supports the allegation of assault. Petitioner is the husband of the deceased and there is allegation against him, as such, his prayer for bail is rejected. Let the trial be expedited and concluded preferably within two years.

(Prabhat Kumar Singh, J) Shashi U T