Jitendra Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.13789 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13789 of 2016 Arising Out of PS.Case No. -123 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== Jitendra Rai, S/o Nandan Rai, resident of Village- Chakballi, Diara, PS Mathihani, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Mr. Anita Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Matihani P.S. Case No. 123 of 2015 registered under Sections 304(B) and 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of killing of the daughter of informant by her husband and in-law due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that admittedly, petitioner is the husband of the deceased, who died in course of cooking the food due to leakage of gas and regarding the said incident, information was given to the informant and her son

Patna High Court Cr.Misc. No.13789 of 2016 (2) dt.25-04-2016 Niraj Kumar had come and in his presence her dead body was cremated but due to ulterior motive petitioner and his family members has falsely been implicated in this case. It is further submitted that after knowing about the real fact informant has filed compromise petition in the court of Chief Judicial Magistrate, Begusarai.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Matihani P.S. Case No. 123 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T