Patna High CourtCR. MISC./53049/2019bail rejected

Vikash Rai v. The State Of Bihar

2019-12-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53049 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- SAHIYARA District- Sitamarhi ====================================================== VIKASH RAI Son of Nagendra Rai Resident of Village- Narha Jagdar, Serva Tola, P.S.- Sahiyara, District- Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner is in custody in Sahiyara PS Case No. 208 of 2018 registered under Sections 304(B) and 201/34 of the IPC. It is submitted by petitioner's Counsel that the petitioner being husband of the deceased is in custody since 14.12.2018 merely on the basis of general and omnibus allegation. FIR has been lodged belatedly on 26.11.2018 whereas the occurrence is alleged to have taken place on 23.11.2018. It is further submitted that the informant was very much present when the informant's daughter succumbed to the illness during course of treatment Learned APP has drawn attention of the court to the relevant paragraphs in the case diary.

Witnesses have supported the allegations made in the FIR in their statement given during course of investigation. The petitioner being husband owes prime responsibility towards safety and welfare of his wife. FIR clearly discloses the reasons

Patna High Court CR. MISC. No.53049 of 2019(5) dt.04-12-2019 2/2 for belated lodging inasmuch as the informant has come to know about the death only on 25.11.2018 whereafter the FIR has been lodged.

Considering the gravity of the allegations this Court is not inclined to allow the prayer for the bail. The same is rejected for the present.

(Madhuresh Prasad, J) SNkumar/- U T