IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.653 of 2007
AMIRI RAI @ AMAR RAI & ORS.........Appellants
Versus
STATE OF BIHAR.......................... Respondents
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7 2-07-2010 Heard learned counsel for appellant no.1 Amiri Rai @ Amar
Rai and learned counsel for the State in respect of I.A. No. 1124 of
2010 through which the appellant has prayed for provisional bail for a
period of two month only on the ground that his own marriage has
been negotiated and finalized.
Earlier the marriage date was given as 5th June, 2010 but a
stand has been taken that since this Court could not consider his
prayer in time due to non-availability of the Bench now the marriage
date of the appellant has been shifted to 8th July, 2010. Another
marriage card has been produced in support of the aforesaid plea
showing the marriage date to be 8th July, 2010. However, certificate
from Mukhia or Sarpanch in support of this plea has not been
produced on the ground that they are not presently available.
We are not persuaded to permit the plea of marriage as the
ground of provisional bail when prayer for bail has been earlier
rejected on merits. Hence, the prayer for provisional bail is rejected.
This order shall not stand in the way of the appellant in filing of
another application for reconsideration of prayer for bail on merits on
the plea raised before us that during the pendency of this appeal he
has remained in custody for more than three years and there may be
chance of conviction being altered to Section 304 of the Indian Penal
Code.
( Shiva Kirti Singh, J.)
( C.M.Prasad, J)
Naresh
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