Vinay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4713 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- MANER District- Patna ====================================================== Vinay Rai S/O Umesh Rai R/O Jamunpur (Jamunipur ), P.S- Maner, Distt.- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maner P.S. Case no. 03 of 2023 instituted for the offence under Sections 304(B), 302/34 of the Indian Penal Code.

3. It is a case of dowry death. The informant alleged that his sister was married to the petitioner, who was murdered by the accused persons due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. There is

Patna High Court CR. MISC. No.4713 of 2024(3) dt.02-05-2024 2/2 no prior complaint against the petitioner regarding demand of dowry or torture to the deceased. He has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP appearing for the state has opposed the prayer of bail and submitted that the petitioner the death of the informant's sister was caused within seven year of her marriage. The petitioner is husband of the deceased upon whom the full responsibility to keep his wife well. As per postmortem report, the case of death of the deceased is due to strangulation causing Asphyxia leading to CR failure.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The petitioner is directed to surrender before court below and prays for regular bail.

(Sunil Kumar Panwar, J) Amandeep/- U T