Shubhas Rai @ Subhash Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.15690 of 2015 (3) dt.20-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15690 of 2015 Arising Out of PS.Case No. -214 Year- 2011 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== SHUBHAS RAI @ SUBHASH RAI, S/O LATE VAKIL RAI, RESIDENT OF VILLAGEBHERKHIYA, P.SPIPRA, DISTRICTEAST CHAMPARAN .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sessions Trial No. 748 of 2013 arising out of Pipra P.S. Case No. 214 of 2011 registered under Sections 498(A), 304(B) and 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioner is husband of the deceased, Archna Devi @ Adeya Devi and his prayer for bail was earlier rejected vide order dated 25.02.2014 passed in Cr. Misc. No. 10957 of 2013 by this Court. It is further submitted that informant, Basudeo Yadav, father of

Patna High Court Cr.Misc. No.15690 of 2015 (3) dt.20-05-2015 the deceased, has been examined as P.W.1 in Sessions Trial No. 748 of 2013 during the trial of the petitioner, in which, he has specifically stated in his cross-examination that he has filed the present case due to misunderstanding while his daughter had died due to illness. It is further submitted that petitioner is in custody since 28.11.2012, i.e., for about two and half years. Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 4th Additional Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No. 748 of 2013 arising out of Pipra P.S. Case No. 214 of 2011.

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