← Library
Patna High CourtCR. MISC./42053/2016dismissed

Rakesh Roushan @ Rakesh Ranjan v. The State Of Bihar

2016-12-14Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42053 of 2016 Arising Out of PS.Case No. -221 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Rakesh Roushan @ Rakesh Ranjan son of Chandradip Singh, resident of Musaphir Ganj,P.S. Buxar(T), District Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-12-2016 Heard Sri Ashok Kumar Mishra, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as learned counsel for the informant.

The petitioner, husband of the deceased, who is in custody only since 09.08.2016, as evident from the order dated 24.08.2016 passed in B.P.No.505/2016, in Buxar (T) P.S. Case No.221 of 2016, initially registered for the offence under Sections 341, 323, 498(A), 306/34 of the Indian Penal Code, has prayed for grant of bail.

By way of referring to F.I.R., it was submitted by learned counsel for the petitioner that it was a case of suicide and, as such, rightly F.I.R. was lodged initially under Section 306 and other allied Sections of the Indian Penal Code. However, after

Patna High Court Cr.Misc. No.42053 of 2016 (4) dt.14-12-2016 2/2 investigation, chargesheet has been submitted under Section 304B and other Sections of the Indian Penal Code. On the ground that it was a case of suicide, a prayer has been made for grant of bail. Learned Addl. Public Prosecutor as well as learned counsel for the informant, by way of referring to F.I.R. itself, submit that the marriage of the deceased was solemnized with the petitioner only in the year 2013 and right from the very beginning the victim was being tortured for providing SCORPIO. It is also a fact that father of the deceased was army personnel. Besides hearing learned counsel for the parties, I have also perused materials on record, particularly the F.I.R., in which there is specific accusation against the petitioner. I do not find any ground to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T