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Surendra Ray Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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Patna HC
2025
Surendra Ray Vs The State of BiharSurendra Ray v. The State of Bihar

Dismissed¶22

Surendra Ray v. The State of Bihar

Patna HC21 Feb 2025CR. MISC./67432/2024

Case brief

AI extract

What is this about?

Keywords: bail rejected / refused; Surendra Ray v. The State of Bihar; High Court of Judicature at Patna; CRIMINAL MISCELLANEOUS No.67432 of 2024 (CR. MISC. No.67432 of 2024(4)); order dated 21-02-2025; Hon'ble Rudra Prakash Mishra, J. Case: Triyani Chhapra P.S. Case No. 07 of 2023 (TARIYANI CHAPRA PS), District Sheohar. Offences: Sections 304(B), 201 & 34 of the Indian Penal Code (dowry-related killing allegation; FIR against 9 named and 5-6 unknown accused including petitioner). Facts: custody since 29-08-2023; one criminal antecedent (bail application para 3); counsel submitted false implication, petitioner is husband of the deceased, allegations general and omnibus; chargesheet submitted, cognizance 09-11-2023, charge framed 22-04-2024; co-accused bailed vide order dated 05-12-2023 in Cr. Misc. No. 77882 of 2023. Trial status: trial-court report - 6 of 11 charge sheet witnesses examined, trial likely concluded within six months. Holding: trial at advanced stage, bail not inclined to be granted, prayer rejected; Trial Court directed to expedite trial. Advocates: Madhubala Verma (petitioner), Binod Kumar (APP).

What did the court decide?

Taking into account the report of the trial court, which revealed that the trial was at an advanced stage (six of eleven charge sheet witnesses already examined, with trial likely to conclude within six months), this Court, at that stage, was not inclined to grant bail to the petitioner, and the prayer for grant of bail was accordingly rejected. ¶22

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether bail should be granted to the petitioner in connection with Triyani Chhapra P.S. Case No. 07 of 2023 instituted for offences under Sections 304(B), 201 & 34 of the Indian Penal Code.

Court's answer

Taking into account the report of the trial court, which revealed that the trial was at an advanced stage (six of eleven charge sheet witnesses already examined, with trial likely to conclude within six months), this Court, at that stage, was not inclined to grant bail to the petitioner, and the prayer for grant of bail was accordingly rejected.

Ratio / Principle

Accompanying the refusal of bail, the Trial Court was directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J.; oral order dated 21-02-2025, CR. MISC. No.67432 of 2024) rejected the bail application of Surendra Ray in Triyani Chhapra P.S. Case No. 07 of 2023, instituted under Sections 304(B), 201 & 34 IPC, wherein the FIR lodged against 9 named and 5-6 unknown accused, including the petitioner, alleges killing of the informant's daughter for non-fulfillment of demand of dowry. Petitioner in custody since 29-08-2023 with one disclosed criminal antecedent; chargesheet filed, cognizance taken 09-11-2023, charge framed 22-04-2024. On a trial-court report showing six of eleven charge sheet witnesses examined and trial likely to conclude within six months, the Court held the trial to be at an advanced stage and was not inclined to release the petitioner on bail; the prayer was accordingly rejected, and the Trial Court was directed to expedite the trial without undue delay or unnecessary adjournments.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67432 of 2024

Arising Out of PS. Case No.-7 Year-2023 Thana- TARIYANI CHAPRA PS District- Sheohar

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

Surendra Ray S/o Nantun @ Nantun Ray Resident of Village- Kumharar, P.STriyani, Chhapara, District- Sheohar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Madhubala Verma, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 21-02-2025

Heard learned counsel for the petitioner and learned APP

for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Triyani Chhapra P.S. Case No. 07 of 2023 instituted for the offence under Sections 304(B), 201 & 34 of the Indian Penal Code.

3. As per prosecution case, the FIR has been lodged against 9 named and 5-6 unknown accused person including the petitioner with an allegation of killing the daughter of the informant for non-fulfillment of demand of dowry by them.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-08-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.67432 of 2024(4) dt.21-02-2025 2/3

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is the husband of the deceased. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Charge sheet has been submitted in this case. The learned court below has taken cognizance on 09-11-2023 and charge has been framed on 22-04-2024. There is no likelihood of the trial being concluded in the near future. Other co-accused has been granted bail by this Court vide order dated 05-12-2023, passed in Cr. Misc. No. 77882 of 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. A report from the trial court was called for and it is reported that out of eleven charge sheet witnesses, six witnesses have been examined and trial is likely to be concluded within a period of six months.

8. Considering the aforesaid facts and circumstances of the case, and taking into account the report of the trial court, which would reveal that trial is on the advance stage, hence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail, is

Patna High Court CR. MISC. No.67432 of 2024(4) dt.21-02-2025 3/3

accordingly, rejected .

9. The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether bail should be granted to the petitioner in connection with Triyani Chhapra P.S. Case No. 07 of 2023 instituted for offences under Sections 304(B), 201 & 34 of the Indian Penal Code.¶15
The court held
Taking into account the report of the trial court, which revealed that the trial was at an advanced stage (six of eleven charge sheet witnesses already examined, with trial likely to conclude within six months), this Court, at that stage, was not inclined to grant bail to the petitioner, and the prayer for grant of bail was accordingly rejected.ratio¶22

Statutes considered

3 provisions across 1 enactments

AI extract

Indian Penal Code304(B)¶15 201¶15 34¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case instituted as Triyani Chhapra P.S. Case No. 07 of 2023 (PS Case No. 7, Year 2023, Thana TARIYANI CHAPRA, District Sheohar); FIR lodged against 9 named and 5-6 unknown accused including the petitioner, with an allegation of killing the informant's daughter for non-fulfillment of demand of dowry.¶16
Prior proceeding
As submitted by petitioner's counsel, petitioner in custody since 29-08-2023 and bears one criminal antecedent disclosed in paragraph No. 3 of the bail application.¶17
Prior proceeding
Charge sheet submitted; learned court below took cognizance on 09-11-2023 and charge was framed on 22-04-2024.¶19
Prior proceeding
Other co-accused granted bail by this Court vide order dated 05-12-2023 passed in Cr. Misc. No. 77882 of 2023 (submitted by petitioner's counsel).¶19
Prior proceeding
Report called for from the trial court: out of eleven charge sheet witnesses, six witnesses examined; trial likely to be concluded within a period of six months.¶21

Parties & counsel

AI extract

petitioner
Surendra Ray S/o Nantun @ Nantun Ray, Resident of Village- Kumharar, P.STriyani, Chhapra, District- Sheohar¶4
Mr. Madhubala Verma
respondent
The State of Bihar¶7
Mr. Binod Kumar

Coram

AI extract

Rudra Prakash Mishraauthor¶26

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 21 Feb 2025 · February
Registered: 10 Sept 2024
Case no.: CR. MISC./67432/2024
CNR: BRHC010924572024
Topic: Murder and Culpable Homicide
Bench: R. P. Mishra
Disposal: BAIL REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Surendra Ray v. The State of Bihar, CR. MISC./67432/2024 (PAT), decided on 21 February 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Indian Penal Code304(B) · 201 · 34

View all statutes

Procedural history5

Case instituted as Triyani Chhapra P.S. Case No. 07 of 2023 (PS Case No. 7, Year 2023, Thana TARIYANI CHAPRA, District Sheohar); FIR lodged against 9 named and 5-6 unknown accused including the petitioner, with an allegation of killing the informant's daughter for non-fulfillment of demand of dowry.
As submitted by petitioner's counsel, petitioner in custody since 29-08-2023 and bears one criminal antecedent disclosed in paragraph No. 3 of the bail application.

View full history

Bench / Coram

Rudra Prakash Mishra

Parties & counsel