Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4113 of 2025 Arising Out of PS. Case No.-698 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Umesh Rai Son of Late Manoj Ray Resident of Village- Ameth, P.S. - Mohania, District- Kaimur (Bhabua) 2.

Nitesh Rai Son of Late Manoj Ray Resident of Village- Ameth, P.S. - Mohania, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners seek bail in connection with Mohania P.S. Case No. 698 of 2024 dated 21.10.2024 registered for the offence punishable under Sections 238, 80, 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. The case of the prosecution is that sister of the informant has been killed by administering poison due to nonfulfillment of demand of dowry.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is submitted that petitioners are the elder brothers of the

Patna High Court CR. MISC. No.4113 of 2025(2) dt.12-02-2025 2/2 husband of the deceased. It is submitted that petitioners are living separately from the husband of the deceased and they are not concerned with their day to day affairs. The husband of the deceased is in judicial custody. It is submitted that there is no eye witness to the occurrence. It is further submitted that there is no specific allegation against the petitioners, rather, the allegation is general and omnibus. The petitioners are in custody since 22.10.2024, having no criminal antecedents and chargesheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Kaimur in connection with Mohania P.S. Case No. 698 of 2024. (Khatim Reza, J) prabhat/- U T