Biswaketu Narain Rai @ Brishketu Narain Rai @ Vikki Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.27817 of 2015 (3) dt.28-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27817 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -PIYAR District- MUZAFFARPUR ====================================================== Biswaketu Narain Rai @ BRISHKETU NARAIN RAI @ VIKKI RAI, son of Awadhesh Rai, resident of village-Simra, P.S. Pear, DistrictMuzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar @ S.K. For the Opposite Party : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. It is alleged by the informant that the marriage of sister Savita Devi was solemnized with the petitioner in the year 1994 but she was subjected to different sorts of torture for fulfilling the demand of cash of Rs.50,000/- for establishing some business and a motorbike in dowry by her husband and other matrimonial persons. It is further alleged that in the night of 17.02.2014, the informant got information that all the accused killed Savita Devi and disappeared the dead body.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. The children of the deceased
Patna High Court Cr.Misc. No.27817 of 2015 (3) dt.28-09-2015 have been examined in para-6 of the case diary where they have not supported the prosecution case rather they have stated that her mother did not have a good relationship with the informant and others. The mother of these witnesses had died as she had fallen ill and in course of treatment she had died. The other witnesses have also stated a similar fact. As per the prosecution case, the alleged date of occurrence is on 15.02.2014 but the case has been instituted on 18.02.2014 for which no explanation has been made on the part of the prosecution.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Pear P.S.Case No.23 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J) B.Kr./- U T