Dismissed¶24

Chakravarti Rai v. the State of Bihar

Patna HC2 Aug 2024CR. MISC./22529/2024

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.22529 of 2024, decided 02-08-2024, Rudra Prakash Mishra, J. Bail application rejected in dowry-death/murder case under Sections 304B, 302/34 IPC (Barahat P.S. Case No. 115 of 2023, District Banka); petitioner Chakravarti Rai, husband of the deceased, in custody since 18.12.2023; trial-expedition direction and six-month bail-renewal liberty granted.

What did the court decide?

Bail refused at present; Trial Court directed to expedite the trial; liberty reserved to the petitioner to renew his bail prayer in the Court below if the trial is not concluded within six months from the date of receipt/production of the order. ¶24

Chakravarti Rai Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22529 of 2024

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Arising Out of PS. Case No.-115 Year-2023 Thana- BARAHAT District- Banka

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======================================================

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Chakravarti Rai Son Of Tarani Ray Resident Of Village - Mohanpur, P.S. - Barahat, District - Banka

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Pandey, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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5 02-08-2024

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Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

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The petitioner seeks bail in Barahat P.S. Case No. 115 of 2023, instituted for the offences punishable under Sections 304B, 302/34 of the Indian Penal Code.

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The prosecution case, in short, is that, the petitioner got married with the daughter of the informant six year ago. The petitioner and his family members used to demand money for meeting home expenditure and for this there was dispute between the family members and the daughter of the informant and due to this reason she was done to death.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

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Patna High Court CR. MISC. No.22529 of 2024(5) dt.02-08-2024 2/3

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present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is the husband of the deceased. There is no specific allegation attributed towards the petitioner. There is general and omnibus allegation levelled against all the accused persons. The petitioner is in custody since 18.12.2023 and has got no criminal antecedent.

¶19

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State also submits that the petitioner is the husband of the deceased and this is a case of unnatural death within six years of marriage. The place of occurrence is the house of the petitioner. There is direct allegation regarding demanding of dowry and committing murder of the daughter of the informant. Hence, the petitioner does not deserve the privilege of bail.

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A report was called for with regard to the present stage and number of witnesses to be examined in the present case. It is submitted that out of six witnesses, one witness has been examined on behalf of prosecution. If the prosecution cooperates, the trial is likely to be concluded in six months.

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Considering the nature of accusation against the petitioner, gravity of the offence and the stage of the case, this

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Patna High Court CR. MISC. No.22529 of 2024(5) dt.02-08-2024 3/3

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Court is not inclined to grant bail to the petitioner.

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The prayer is rejected. The Trial Court is directed to

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expedite the trial expeditiously. However, if the trial is not concluded within a period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

¶28

U T

Chakravarti Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Chakravarti Rai v. the State of Bihar

Case brief

What is this about?

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