Panchu Rai @ Paanchu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22682 of 2016 Arising Out of PS.Case No. -131 Year- 2013 Thana -JAMALPUR District- DARBHANGA ====================================================== Panchu Rai @ Paanchu Rai Son of Sukan Rai, resident of villageRaghunathpur, Police Station- Jamalpur and District- Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.
The prosecution case, in brief, is that the informant's sister, namely, Deosundari Devi was married with one Panchu Rai i.e. the petitioner. Her sister was issueless. On 10.12.2013 when the informant went to meet her sister, then the accused persons including the petitioner told him that her sister has died. After some time he received information that his sister was killed by the accused persons on 6.12.2013. Two months ago Panchu Rai was demanding Rs.50,000/- as dowry.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2015 and the charge sheet has been submitted in the present case. The petitioner has got no
Patna High Court Cr.Misc. No.22682 of 2016 (6) dt.23-08-2016 2/2 criminal antecedent. The alleged occurrence is said to have taken place on 6.12.2013, whereas F.I.R. was instituted on 11.12.2013. Delay has not been explained by the prosecution. Witnesses in paragraphs 7, 9, 10 and 11 of the case diary have stated that the deceased was suffering from massive bleeding, for which she was taken to the doctor and subsequently died. The Government doctor has been examined in paragraph 38 of the case diary, where he has stated that there was massive bleeding due to menstrual cycle. He could not locate the pulse. Thereafter he referred her to D.M.C.H. where on the way she died. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga in connection with Jamalpur P.S. case No.131 of 2013.
(Sudhir Singh, J) Narendra/- U T