Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10429 of 2016 Arising Out of PS.Case No. -287 Year- 2015 Thana -GARKHA District- SARAN ======================================================

1. Subhash Rai S/o Late Bhuan Rai resident of Village- Maricha, P.S.- Garkha, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be father in law of the deceased and is languishing in jail custody since 06.11.2015 in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

No doubt, there is presumption of dowry death under Section 304B of the Indian Penal Code but admittedly, the dead body has not been recovered and no specific overt-act has been attributed against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court Cr.Misc. No.10429 of 2016 (2) dt.04-03-2016 2/2 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 287 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T