Sinod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16923 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- MANER District- Patna ====================================================== SINOD RAI Son of Budhan Rai Resident of Village - Lodipur,P.O.-Beyapur P.S.- Maner, Distt - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surj Bansh Roy For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-01-2020. Charge sheet has already been

Patna High Court CR. MISC. No.16923 of 2020(2) dt.02-06-2020 2/2 submitted. The petitioner has been falsely implicated in the present case. A petition has been filed by the informant in the court below which is Annexure-2 to the present application. From perusal of the Annexure-2, it appears that the informant has retracted from his earlier statement made in the FIR. As per Annexure-2, the informant has stated that the deceased had fallen ill and due to the illness, she died. Hence, no offence under Section 304B of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Judicial Magistrate-Ist Class, Danapur Patna in connection with Maner P.S. Case No. 53 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T