Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8189 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Sanjay Rai, Son of Devendra Rai, Resident of Village- Mukundpur, P.S.- Sarai, District- Vaishali.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 15-03-2017 Heard learned senior counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Sarai P.S. Case No.86 of 2016 registered under Sections 304B/34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial MagistrateXIII, Vaishali at Hajipur. The accusation is that on 24.07.2016, the informant received message on his mobile from the matrimonial house of his sister about snake biting to his sister, then the informant alongwith his villagers went to the matrimonial house of his sister and took his sister near the Bhagat for treatment of snake biting where Bhagat told him that his sister has already died and there was also ligature mark on her neck. Learned senior counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.8189 of 2017 (2) dt.15-03-2017 2/2 submits that, in fact, the petitioner is the husband of the deceased, the sister of the informant, and the deceased, the sister of the informant, made attempt to commit suicide by hanging herself but, anyhow, she was saved. Thereafter, the information regarding the same was given to the informant, who, later on, came to the matrimonial house of his sister and took his sister for treatment but she died. The petitioner having no criminal antecedent is in custody since 20.11.2016.

On the other hand, learned counsel for the informant opposed the prayer of the petitioner for grant of bail and submits that, admittedly, the petitioner is the husband of the deceased, the sister of the informant, whose marriage was performed before 23 days of the occurrence, and due to non giving proper dowry, the deceased, the sister of the informant, was killed by hanging and, in the post-mortem examination of the deceased, the sister of the informant, the cause of death has been shown as asphyxia due to hanging. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

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