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Patna High CourtCR. MISC./52407/2018dismissed

Dilip Rai@Dilip Kumar Rai v. The State Of Bihar

2018-10-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52407 of 2018 Arising Out of PS. Case No.-64 Year-2017 Thana- BACHHWARA District- Begusarai ====================================================== Dilip Rai @ Dilip Kumar Rai, Son of Amar Nath Rai, Resident of VillageChamtha, Laxman Tola, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwari For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Bachhwara P. S. Case No. 64 of 2017 registered under Sections 120B, 201/34 and 304B of the Indian penal Code.

Petitioner is the husband of the deceased.

Allegation against this petitioner is that deceased was his second wife. He, in collusion with his first wife, committed torture with the deceased on the date of occurrence and she was killed in her Sasural. The informant received information on mobile that accused persons have made his sister disappear after committing her murder. The, informant came to Sasural of his sister and found her semi burnt dead body in the river, which was brought and identified by him.

Patna High Court Cr.Misc. No.52407 of 2018(3) dt.30-10-2018 2/2 Learned A.P.P. submits that witnesses, in paras 57, 58 and 59, have stated that Puja Devi was first wife of the petitioner and there was altercation between the petitioner and the deceased due to his first wife getting pregnant. He further submits that witnesses have stated that the deceased has been done to death on account of such dispute.

From the written report itself, it appears that dead body of the sister of informant was found in semi burnt condition in river. No information was given by this petitioner to the family members of the deceased. In such circumstances, this Court is not inclined to grant privilege of bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected at this stage.

Trial court is directed to expedite the trial. The petitioner will have liberty to renew his prayer of bail after six months, if no substantive progress is made in trial. (Sanjay Priya, J) Sujit/- U T