Mallu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60904 of 2019 Arising Out of PS. Case No.-684 Year-2018 Thana- MANER District- Patna ====================================================== MALLU RAI S/o- Somnath Rai Resident of Tata Colony near block, Chaurasi, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in connection with Maner P.S. Case No.684 of 2018 registered for the offences punishable under Sections 304 (B) & 201/34 of the Indian Penal Code. Petitioner, who happens to be husband of the daughter of the informant and his father is said to have committed murder of his daughter over dowry demand and disposed of her dead body.

Learned counsel for the petitioner submitted that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Date and time of the occurrence has not been mentioned in the F.I.R. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.60904 of 2019(3) dt.27-11-2019 2/3 omnibus in nature. As a matter of fact, deceased was in love with some person and has left his house and died in her paternal house. Parties to the case have compromised the matter. Similarly situated co-accused namely Somnath Rai has been enlarged on bail by co-ordinate Bench of this Court vide order dated 20.05.2019 passed in Cr. Misc. No.32840 of 2019. Petitioner has no criminal antecedent and has been languishing in custody since 11.01.2019.

Learned APP for the State vehemently opposing the bail prayer of the petitioner submitted that the petitioner has committed dowry death of the deceased and disposed of her dead body. The death of the deceased has taken place in the house of the petitioner. Witness in paragraph-10 of the case diary has stated that the petitioner always used to enter into altercation with the deceased and thrash her. Learned counsel for the informant has submitted that the parties to the case have compromised the case. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected.

However, the learned lower Court is directed to conclude the trial as expeditiously as possible preferably within

Patna High Court CR. MISC. No.60904 of 2019(3) dt.27-11-2019 3/3 three months from the date of receipt/production of a copy of this order.

(Prakash Chandra Jaiswal, J) amit/- U T