Rajesh Kumar @ Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87304 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- MANER District- Patna ====================================================== RAJESH KUMAR @ RAJESH RAI S/o Sumanth Rai R/o village- Gopalpur Lodipur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-05-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Navin Kumar, learned counsel for the petitioner and Shri Ashok Kumar Singh, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Maner P.S. Case No. 383 of 2018 for the offence punishable under Sections 302/34 of the Indian Penal Code. The case of the prosecution in brief is that the daughter of the informant namely, Ram Babu Rai got married with the petitioner about 10 years ago, however, after marriage the

Patna High Court CR. MISC. No.87304 of 2019(4) dt.28-05-2020 2/3 petitioner used to demand money from the informant and used to torture the daughter of the informant due to non-fulfillment of the demand for dowry. On 26/27.07.2018 at about 1:30 A.M. in the night, the informant got information that the daughter of the informant has been killed by her in-laws including the petitioner herein and upon the informant having gone there, he found the dead body of his daughter lying in the house of the in-laws of the daughter of the informant, however, nobody was present there.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 29.07.2018 without there being any progress in the trial. It is submitted that the petitioner has been implicated in the present case only on account of him being the husband. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials on record as also the case diary from which it is apparent that the petitioner is the main accused and there are enough materials on record to prima facie connect

Patna High Court CR. MISC. No.87304 of 2019(4) dt.28-05-2020 3/3 the petitioner with the alleged heinous crime of having killed his wife. In such view of the matter this Court is not inclined to grant regular bail to the petitioner herein on account of seriousness of the allegations levelled against the petitioner herein as also in view of the gravity of the offence alleged as against the petitioner herein, hence the present petition stands dismissed, however, this Court grants liberty to the petitioner to renew his prayer for bail after 15 months, which shall be considered on its own merit, in case there is no progress in the trial.

(Mohit Kumar Shah, J) S.Sb/- U T