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Patna High CourtCR. MISC./57764/2019rejected

Ajay Ram v. The State Of Bihar

2019-12-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57764 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== AJAY RAM Son of Paltan Singh Resident of Village - Nauwachak, P.S.- Patepur, in the Dist.- of Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-12-2019 Heard both sides.

The petitioner seeks bail in Patepur P.S. case No. 213/ 2018 registered under Section 302, 201/34 of the IPC. The informant, brother of the deceased, alleged that his younger sister was married to Ajay Ram, the petitioner, three years ago and she was leading her conjugal life. She got a two years son. Ajay Ram got first wife and that is why Ajay Ram and his family members were always quarreling with sister of the informant. Ajay Ram took his sister outside his house to get rid of ghost but his sister did not return and her dead body was found lying by the side of road.

The learned counsel for the petitioner submits that there is no eye witness of the occurrence. The informant later on came to know about the true facts and he filed petition on

Patna High Court CR. MISC. No.57764 of 2019(4) dt.04-12-2019 2/2 14.03.2019 that husband of his sister was outside the house to earn his livelihood. Similarly situated accused Sarda Devi, first wife of Ajay Ram, has already been granted bail but it appears from perusal of the post mortem report that the deceased was throttled to death and her dead body was lying by the side of road. The petitioner did not offer any explanation about the death of his second wife. There is specific allegation that it was the petitioner who took his wife outside the house to get rid of ghost but she did not return and her dead body was found bearing ligature mark around her neck and she died of asphyxia. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T