Anju Rai @ Aanju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26427 of 2021 Arising Out of PS. Case No.-463 Year-2019 Thana- SONEPUR District- Saran ====================================================== ANJU RAI @ AANJU RAI Son of Birju Ray @ girju Ray @ Birju Rai Resident of Village - Rahimpur, P.O. and P.S.- Sonepur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Sonepur Police Station Case No. 463 of 2019 registered for the offences punishable under sections 304B/201/34 of the Indian Penal Code.

As per the prosecution case, accusation against the petitioner is of killing of informant's daughter for dowry. It is further alleged that the petitioner and his family members, in order to destroy the evidence, hurriedly disposed of the dead body.

Learned counsel for the petitioner submits that the petitioner is husband of the deceased and the marriage took place beyond seven years as such offence under section 304B is not attracted against the petitioner. There is no allegation of

Patna High Court CR. MISC. No.26427 of 2021(2) dt.29-07-2021 2/2 demand of dowry and committing torture against the petitioner and the whole FIR is false and concocted. Petitioner is in custody since 15.10.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation that the petitioner used to demand dowry and committed torture on her and in league with his family members killed his wife in a planned conspiracy.

In view of the specific allegation against the petitioner as well as the fact that the informant's daughter died within seven years of marriage under unnatural circumstance and the petitioner is the husband of the deceased, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T