Kamlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9541 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== Kamlesh Rai S/O Late Jiwan Rai R/O Village- Jaganiya, P.S- Gaighat (BENIBAD O.P.), Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under sections 304(B), 201 and 120B of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that petitoiner is father-in-law of the deceased. It is next submitted that the informant alleges that his daughter was married to Santosh in the year 2018 and after marriage, the accused persons were demanding dowry and for non-fulfillment of the demand as detailed in the F.I.R., his daughter was killed and her body was disposed of. The learned counsel for the petitioner further submits that from perusal of the allegation as

Patna High Court CR. MISC. No.9541 of 2024(3) dt.26-04-2024 2/2 alleged in the F.I.R., it would manifest that the husband of the deceased has not been made an accused rather the entire family members of the husband of the deceased have been implicated by the informant, which amply demonstrates that the F.I.R. has been instituted for some ulterior reason. It is further submitted that the petitioner is separate in mess and property from the husband of the deceased and was not involved in day to day affairs of the deceased and her husband.

4. The learned APP opposes the prayer for regular bail application of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with S. Tr. No.896/2023, arising out of Gaighat P.S. Case No.335/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T