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Patna High CourtCR. MISC./61891/2022bail rejected

Dilip Rai v. The State Of Bihar

2023-02-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61891 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== Dilip Rai Son Of Lal Babu Rai Resident Of Village - Asia, P.S.- Gaighat, District - Muzaffarpur (Bihar).

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Gaighat P.S. Case No. 288 of 2022 lodged under Sections 304(B)/34 of the I.P.C.

As per the prosecution case, F.I.R. has been lodged against the petitioner and his entire family members under Sections 304(B)/34 of the I.P.C.

Learned counsel for the petitioner submits that general and omnibus allegations are there in the F.I.R. Learned counsel submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since

Patna High Court CR. MISC. No.61891 of 2022(2) dt.25-02-2023 2/2 27.06.2022 having clean antecedent. He further submits that charge has already been framed in this case and trial has been commissioned.

Learned counsel for the State opposes the prayer for bail and submits that it is a case under Sections 304(B)/34 of the I.P.C. and the petitioner is the husband.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

With this observation, the bail application stands rejected.

Trial Court is directed to expedite the trial, preferably within nine months from today.

(Dr. Anshuman, J.) ashishsingh/- U T