Dhiraj Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55215 of 2022 Arising Out of PS. Case No.-271 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== DHIRAJ ROY S/O RAM SWARATH ROY R/O Village- Amarpur, P.S.- Barauni(Chakia O.P.) District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Prashant, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

According to prosecution case, there is allegation against the petitioner that he along with other co-accused persons have committed murder of the deceased due to nonfulfillment of the demand of dowry. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is husband of the deceased and the allegation as alleged in the F.I.R. is false and fabricated. He further submits

Patna High Court CR. MISC. No.55215 of 2022(4) dt.22-03-2023 2/2 that the informant is not an eyewitness of the alleged occurrence.

The learned Additional Public Prosecutor for the State on the other hand on the basis of material available on the record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the postmortem report of the deceased supports the allegation as alleged in the F.I.R. against the petitioner.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.T. No. 472 of 2021, arising out of Barauni (Chakia O.P.) P.S. Case No. 271/2020, pending in the court of learned Additional Sessions Judge-Vth, Begusarai or his Successor Court.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude at the earliest. (Rajesh Kumar Verma, J) amit/- U T