LAWS(JHAR)-2008-9-48

RAUSHAN KUMAR RAY Vs. STATE OF JHARKHAND

Decided On September 12, 2008
Raushan Kumar Ray Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The petitioner has preferred this bail application No. 1863 of 2008 for grant of regular bail in connection with Latehar Police Station Case No. 44/2001 dated 25.4.2001 corresponding to G.R. No. 155/2001, registered under Sections 304 -B, 498 -A/34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act which is pending in the Court of learned Additional Chief Judicial Magistrate, Latehar.

(2.) I have heard at length the arguments advanced on behalf of the petitioner as well as the State and have also considered the impugned order dated 14.2.2008 vide which the learned Sessions Judge, Latehar has rejected the prayer for bail.

(3.) IN the instant case the date of occurrence is 19.4.2001 and the case was registered after a delay of six days i.e. on 25.4.2001 and the first charge sheet was filed only against Rakesh Kumar Rai, the husband of the deceased who faced the trial and was convicted. The second charge sheet against the present petitioner has been submitted on 22.12.2007. The counsel for the petitioner further submits that the petitioner has been dragged in the instant case after an unexplained delay of nearly over five years and even the warrant was issued for the first time on 13.6.2005.