Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52250 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== RAJ KUMAR SAH Son of Late Nathuni Sah Resident of Village - Laguniya, P.S.- Paharpur, Distt - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Paharpur P.S. Case No. 315 of 2018 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Informant has alleged in his written complaint that marriage of his sister Rinku Devi was solemnized with petitioner in the year 2015 and at the time of marriage he had given gifts and cash and household articles. However, she was being subjected to torture due to non-fulfillment of demand of bullet motorcycle. On 16.11.2018 petitioner informed on phone that his sister is seriously ill and when they reached there they found that the matrimonial house of his sister was closed and

Patna High Court CR. MISC. No.52250 of 2019(3) dt.20-11-2019 2/2 many villagers had assembled there and after some time of search he found the dead body of his sister concealing in sugar cane field and there were many injuries found on her body. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. Postmortem on the body of deceased was performed on 17.11.2018 at 9.30 AM and cut and bruises were found on the body and cause of death has been stated to be Asphyxia due to strangulation and time elapsed since death within 24 hours. Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

However, the trial court is directed to expedite and conclude the trial within one year from the date of receipt/production of a copy of order passed by this Court. (S. Kumar, J) veena/- U T