Patna High CourtCR. MISC./40870/2018dismissed

Ranjeet Rajak @ Ranjay Rajak v. The State Of Bihar

2018-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40870 of 2018 Arising Out of PS.Case No. -418 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Ranjeet Rajak @ Ranjay Rajak son of Jagarnath Rajak resident of village - Rajanpur, Vishanpur, P.S. - Mahisi, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-285, 307, 326, 498(A)/34, 302 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-11-2017 and there is no allegation of tampering of witnesses against the petitioner. The petitioner has been made accused due to mistake of fact. There is no eye witness of the alleged occurrence. There is no other substantial evidence to suggest the implication of the petitioner in the present case.

Patna High Court Cr.Misc. No.40870 of 2018 (3) dt.24-07-2018 On behalf of the State, it has been submitted that the petitioner is named in the FIR. He is husband of the deceased. The FIR is dying declaration of the deceased. The specific allegation has been made against the petitioner (husband). The petitioner has got criminal antecedent.

Considering the aforesaid facts and circumstances, this Court is not inclined to grant regular bail to the petitioner. Accordingly, prayer for regular bail of the petitioner in connection with Parbatta (Maraiya) P.S. Case No. 418 of 2017 is hereby rejected. The learned trial Court is directed to take all necessary steps to expedite the trial of the petitioner.

(Sudhir Singh, J) A.K.V./- U T