Rajeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9007 of 2020 Arising Out of PS. Case No.-589 Year-2016 Thana- MANER District- Patna ====================================================== RAJESHWAR RAI Son of Bhuar Rai Resident of Village - Jirakhan Tola (Gauraiya Asthan), P.S.- Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Prasad Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 589 of 2016 for the offence punishable under Sections 498(A), 304(B), 201/34 of the Indian Penal Code.

The allegation is regarding the accused persons having killed the deceased victim lady and her three children on account of non-fulfillment of demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is the father-in-law of the deceased victim lady and initially was not made accused in the FIR and only after about ten months, he was arrayed as an accused in the present case. It is further submitted that the husband of the deceased victim lady was taken into custody, however, since the

Patna High Court CR. MISC. No.9007 of 2020(2) dt.03-03-2020 2/2 trial could not conclude within a period of nine months, as stipulated by a co-ordinate Bench of this Court, the husband of the deceased victim lady was released on bail. In this connection, the learned counsel for the petitioner has relied upon an order dated 09.01.2019 passed by a co-ordinate Bench of this Court in Cr. Misc. No. 71399 of 2018. It is further submitted that the petitioner is an old person and having a clean antecedent.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is an old person and father-in-law of the deceased victim lady, I deem it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM VI, Danapur, District Patna in connection with Maner P.S. Case No. 589 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U