Ramashray Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80306 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- AKILPUR District- Saran ====================================================== Ramashray Rai Son of Late Shiv Mahadev Rai, Resident of Village - Kedalura, Police Station - Akilpur, District - Saran, Presently resident at Nasariganj Babu Sahab Gali, Police Station - Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-12-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing. In this case, the petitioner is seeking anticipatory bail in connection with Akilpur P.S. Case No. 15 of 2019 registered for offence punishable under sections 304(B)/201/34 of the Indian Penal Code.

As per FIR, the victim lady has been killed on account of the fact that her father had refused to transfer the land in favour of his son-in-law. During investigation, her dead body has been recovered from a gunny bay near railway bridge. Learned counsel for the petitioner submits that the petitioner is father-in-law of the deceased and he had stayed in Danapur and commission of crime has been taken place in

Patna High Court CR. MISC. No.80306 of 2019(4) dt.16-12-2020 2/2 Saran. The police has raided the house of the petitioner at Danapur itself shows that he does not stay in Saran and has wrongly been implicated in the present case. He has further submitted that there was no demand of dowry so it is not make out a case of section 304(B) Indian Penal Code, but the reason has been shown for commission of crime for refusal to transfer of land. The police during investigation found sufficient material against the petitioner. He further submits that some of the persons, including wife of the petitioner have been granted bail. They are residing far from the house of the deceased, but in the present case dead body of the victim girl has been found in a gunny bag and single person cannot commit crime and carry the dead body to a far from the house.

Looking to the entirety of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T