Sanjay Kumar Ray @ Yuvraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63782 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Sanjay Kumar Ray @ Yuvraj S/O Bishwanath Ray Resident of Vill- Jethuli, Police Station- Nadi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard Mr. N.K. Agarwal assisted by Mr. Jay Ram Prasad, learned senior counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Nadi P.S. Case No. 50 of 2024 instituted for the offences under Sections 304(B)/201/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of killing Informant's daughter namely Arti Kumari for nun-fulfillment of the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.63782 of 2024(4) dt.21-11-2024 2/3 The petitioner is the husband of the deceased. The petitioner is not named in the F.I.R. and has wrongly been implicated in the present case merely on the basis of suspicion. The petitioner works outside home and, on the date of occurrence, he was not present at home. No independent witness has supported the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner is the husband and is accused of committing murder of his wife. In the re-statement, the Informant has fully supported the prosecution case. From perusal of the case diary, it appears that several witnesses have supported the prosecution case. The Investigating Officer, after competition of investigation, has also submitted charge-sheet against the petitioner under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code. The petitioner is named in the F.I.R. and the offence alleged against the petitioner is serious in nature and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the fact that the petitioner is the husband, who

Patna High Court CR. MISC. No.63782 of 2024(4) dt.21-11-2024 3/3 is facing charge of committing murder of his wife for nonfulfillment of dowry demand, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial.

(Rudra Prakash Mishra, J) rishi/- U T