Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50921 of 2015 Arising Out of PS.Case No. -163 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ====================================================== Rajesh Rai, Son of Late Ram Lakhan Rai, resident of village - Sujawalpur, P.S. Sakra, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 08-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sakra P.S. Case No.163 of 2015 registered under Sections 304-B and 201/34 of the Indian Penal Code.

The accusation is of killing Kavita Devi, the sister of the informant, Muntun Kumar, by all the accused persons, named in the F.I.R., including the petitioner for non fulfillment of the dowry demand. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased. In fact, the deceased was suffering from dysentery and she was taken to the clinic of Dr. Indrajeet Kumar for her treatment but died and, thereafter, her funeral ceremony was also performed. The witnesses in paragraphs-10

Patna High Court Cr.Misc. No.50921 of 2015 (3) dt.08-02-2016 2/2 and 11 of the case diary have also supported the cause of the death of the deceased due to illness and the photocopy of the prescription regarding the illness has also been handed over to the police, in course of investigation, which is mentioned in paragraph-29 of the case diary. The informant, who is the brother of the deceased, due to ulterior motive has lodged this false case.

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, Muzaffarpur, in connection with Sakra P.S. Case No.163 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T