Madhu Ray @ Madhu Ji Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17788 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- Bahoranpur District- Bhojpur ====================================================== Madhu Ray @ Madhu Ji Rai S/O Uday Ray R/O Village- Sarangpur, P.SBahoranpur , Dist.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Prasad Yadav, Adv.
For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-05-2025 Heard Mr. Kamlesh Prasad Yadav, learned Advocate for the petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bahoranpur P.S. Case No. 65 of 2024, registered for the offences punishable under Sections 80/3(5) of the BNS, 2023.
3. Allegedly the marriage of the daughter of the informant was solemnized in the year 2021. Soon after the marriage, it is alleged that the victim was subjected to demand of dowry and on account of non-fulfilment of the same she was tortured. On 05.09.2024, the information was given to the informant that his daughter has consumed poison and she was being taken to the Hospital. On the information afore noted, when the informant rushed to the Hospital. he found that his
Patna High Court CR. MISC. No.17788 of 2025(3) dt.14-05-2025 2/3 daughter was on ventilator and later on she died during treatment.
4. Learned Advocate for the petitioner contended that it is the admitted position that the deceased was taken to the Hospital by the accused persons and she died during the course of treatment in the Hospital. The entire case revolves around suspicion; moreover the petitioner is unfortunate husband and in fact on the fateful day on account of some family feud; the deceased consumed poison. This fact has also been corroborated by the independent witness namely, Lalan Kunwar whose statement was recorded by the police. It is further submitted that after knowing true facts, the informant has also filed a petition that no such occurrence has taken place and in fact the deceased has consumed poison herself. Other co-accused persons have been granted anticipatory bail by a Bench of this Court.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the post mortem report clearly suggests that there are external injuries over the body of the deceased and, as such, it is not a simple case of suicide. This fact also cannot be ignored that the unfortunate death has taken place within three years of marriage and soon before the death there was demand of dowry.
Patna High Court CR. MISC. No.17788 of 2025(3) dt.14-05-2025 3/3
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner happens to be husband of the deceased and the post mortem report suggests some external injuries over the body of the deceased, this Court is not inclined to accede to the prayer for anticipatory bail of the petitioner.
7. The application stands dismissed.
8. However, if the petitioner surrenders before the court below and prays for regular bail, preferably within a period of four weeks from today, the court shall consider the prayer for bail of the petitioner on the materials available on record, without being prejudiced by this order. (Harish Kumar, J) Anjani/- U T