Patna High CourtCR. MISC./4496/2017bail granted

Surendra Rai @ Suren Rai @ Suran Rai v. The State Of Bihar

2017-02-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4496 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -PATORI (MOHANPUR) DistrictSAMASTIPUR ====================================================== Surendra Rai @ Suren Rai @ Suran Rai, S/o Shatrudhan Rai, Resident of Village-Madhopur, P.S.- Patori (Mohanpur O.P), District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 341, 323, 498A, 302, 201 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. It has been submitted that the petitioner is the father of the deceased boy. As per the written report filed by the wife Pinki Devi, the petitioner used to make demand of motorcycle and cow and for non-fulfillment of the aforesaid demand, she was tortured in her sasural by the petitioner and his family members. It is alleged that on 2.3.2016 all the accused persons abused and assaulted the informant and her mother-in-law snatched her eight months old minor son from her lap. It is further alleged that her husband i.e. the petitioner killed her son Suraj Kumar by pressing

Patna High Court Cr.Misc. No.4496 of 2017 (2) dt.13-02-2017 2/2 his neck.

It has further been submitted that the petitioner being the father of the deceased boy got his treatment in hospital which would be evident from Annexure-2 series. The petitioner is in custody since 24.10.2016. It is unbelievable that own father will commit the murder of his son for non-fulfillment of demand of dowry.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, 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 Chief Judicial Magistrate, Samastipur, in connection with Patori (Mohanpur O.P.) P.S. Case No. 78 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T