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Patna High CourtCR. MISC./49913/2019dismissed

Raj Kishore Ram v. The State Of Bihar

2019-08-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49913 of 2019 Arising Out of PS. Case No.-283 Year-2017 Thana- JOGAPATTI District- West Champaran ====================================================== Raj Kishore Ram Son of Babuman Ram, Resident of Village - Chandraul, P.S.- Yogapatti (Nawalpur), District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition for grant of regular bail is a second attempt at the behest of the petitioner herein in connection with Yogapatti (Nawalpur) P.S. Case No. 283 of 2017 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code, inasmuch as the prayer of the petitioner for grant of regular bail was earlier rejected by an order dated 09.01.2018 passed in Cr. Misc. No. 68923 of 2018.

The allegation in the present case is that the petitioner who is the husband of the deceased victim lady and other coaccused persons have conspired and killed the deceased victim lady on account of non-fulfillment of the demand of dowry. The learned counsel appearing for the petitioner has

Patna High Court CR. MISC. No.49913 of 2019(2) dt.14-08-2019 2/2 submitted that the petitioner is languishing in custody since 19.06.2018 and there is no chance of completion of the trial in near future. The learned counsel for the petitioner has further tried to persuade this Court for grant of regular bail to the petitioner herein by taking this Court to the merits of the case. I have heard the learned counsel for the parties and I find that the petitioner is husband of the deceased lady and his complicity in the matter cannot be ruled out, especially since this Court, while passing the earlier order dated 09.01.

2019, had perused the materials on record as also the case diary and had found that the petitioner being the husband of the deceased lady, definitely had complicity in the matter, hence, had rejected the prayer of the petitioner for grant of regular bail. This Court further finds that there has been no change in circumstance from the time the prayer of the petitioner for grant of regular bail was rejected by this Court earlier by an order dated 09.01.2019, till date, hence, there is no occasion to reconsider the prayer of the petitioner for grant of regular bail, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T