Patna High CourtCR. MISC./69492/2018rejected

Raja Sah v. The State Of Bihar

2019-01-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69492 of 2018 Arising Out of PS. Case No.-220 Year-2017 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Raja Sah Son of Sri Mohan Sah, resident of Village- Sadatpur, P.S. Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sessions Trial No.4102 of 2018 arising out of Kanti P.S. Case No. 220 of 2017 for the offences punishable under Section 304/34 of the Indian Penal Code.

This is a second round of bail application at the behest of the petitioner and the earlier regular bail application of the petitioner was rejected by this Court considering the nature of allegation and the facts and circumstances of the case by an order dated 29.06.2018 passed in Cr. Misc. No. 29453 of 2018. The learned counsel for the petitioner submits that the charge has not been framed while the petitioner is languishing in

Patna High Court Cr.Misc. No.69492 of 2018(3) dt.09-01-2019 2/2 custody since 16.02.2018, hence the petitioner should be granted bail.

I have considered the material on record and I find that there is no change of circumstances since the day, the earlier bail application of the petitioner was rejected by this Court, hence apparently this Court had applied it's mind earlier and the prayer of the petitioner for grant of regular bail was rejected earlier, thus I do not find any merit in the prayer of the petitioner for grant of regular bail, which has been made for the second time, specially considering the nature of allegation levelled against the petitioner i.e. regarding killing his wife on account of non-fulfillment of the demand for dowry. Accordingly, the prayer of the petitioner for grant of regular bail is rejected.

(Mohit Kumar Shah, J) Tiwary/- U T