Ram Karan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11576 of 2021 Arising Out of PS. Case No.-232 Year-2012 Thana- MANER District- Patna ====================================================== RAM KARAN RAI SON OF RAMESHWAR RAI RESIDENT OF VILLAGE - DUMARYA, P.S. - MANER, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Gaiyaghey For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Maner P.S. Case No. 232 of 2012 registered for the offence punishable under Sections 302, 201, 498A and 34 of the Indian Penal Code. Allegation as per the F.I.R. is that petitioner, who happens to be husband of the deceased is said to have strangled her to death and disposed of her dead body over dowry demand in association of his family members after thirteen years of the
Patna High Court CR. MISC. No.11576 of 2021(3) dt.10-09-2021 2/3 marriage.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that there is no eye witness of the village who could have supported the case of prosecution during entire investigation. There is inordinate and abnormal delay of six days in lodging the F.I.R. without assigning any plausible explanation for the same. He further submits that other co-accused persons (in-laws of the petitioner) have been enlarged on bail by different Co-ordinate Benches of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail application and he is languishing in custody since 12.02.2020.
Learned APP for the State opposing the bail petition submits that petitioner is the husband of the deceased and there is allegation of eliminating the deceased by strangulation and disposing of her dead body against the husband and other family members.
In the facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner in connection
Patna High Court CR. MISC. No.11576 of 2021(3) dt.10-09-2021 3/3 with Maner P.S. Case No. 232 of 2012 to the satisfaction of learned A.C.J.M., Danapur (Patna).
Accordingly, prayer for bail of the petitioner is hereby rejected.
However, learned Trial Court is directed to expedite the trial.
(Anjani Kumar Sharan, J) GAURAV S./- U T