Patna High CourtCR. MISC./54495/2018rejected

Raj Kishore Rai v. The State Of Bihar

2018-10-08Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54495 of 2018 Arising Out of PS.Case No. -32 Year- 2017 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Raj Kishore Rai S/o Mahender Rai @ Mahindra Rai, R/o Vill.- Kandhkarja, P.S.- Karja, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Jha For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in connection with S.Tr. No. 544 of 2017 arising out of Karja P.S. Case No. 32 of 2017 registered under Sections 302/34 of the Indian Penal Code. The petitioner, happens to be the husband of the deceased, is said to have committed the murder of the deceased over dowry demand.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged took place. He has no concern with the aforesaid occurrence. As a matter of fact, there was a love marriage between the petitioner and the deceased and due to the aforesaid love marriage the family members of the deceased

Patna High Court Cr.Misc. No.54495 of 2018 (03) dt.08-10-2018 - 2 - were annoyed and they have committed murder of the deceased and falsely implicated the petitioner in the case. On the other hand, learned APP for the State, vehemently opposing the bail petition, has submitted that the petitioner had committed murder of the deceased by assaulting her by means of dab and the aforesaid dab was seized by the police from the possession of the petitioner. The doctor, who has conducted the postmortem of the cadaver of the deceased, has found five injuries on her person including three sharp cutting injuries.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is hereby rejected. (Prakash Chandra Jaiswal, J) Trivedi/- U T