Sahdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10014 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== SAHDEO RAI, Son of Late Fakira Rai, Resident of Village - Sherpur, Gonuchak, P.S.-Vidyapattinagar, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Bachhwara P.S. Case No. 105 of 2018 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that so far as this petitioner is concerned, he does not belong to the family of the husband of the deceased. It is submitted that the petitioner is in fact relative of the informant which fact will be apparent from reading of the FIR where it is mentioned that Sri Manoj Rai, son of this petitioner had given a telephonic call to the father of the informant and had informed about the death of the sister of the informant.

Patna High Court Cr.Misc. No.10014 of 2019(2) dt.20-02-2019 2/3 Learned counsel submits that in course of investigation the name of the petitioner has been brought alleging that he was also participated in taking the dead body on cot for its funeral. It is further submitted that on perusal of the Annexure-2 to the present application it will appear that this petitioner was one of the witnesses on behalf of the informant in the protest petition.

Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances of the case wherein it is the submission of the petitioner based on the record available before this Court that this petitioner is not a member of the family of the deceased and that in fact the son of this petitioner had informed to the father of the informant about the alleged occurrence and that this petitioner is one of the witnesses in the protest petition filed by the informant, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Begusarai in connection with Bachhwara P.S. Case No. 105

Patna High Court Cr.Misc. No.10014 of 2019(2) dt.20-02-2019 3/3 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T