Haruni Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18643 of 2020 Arising Out of PS. Case No.-276 Year-2019 Thana- SAHPUR District- Patna ====================================================== Haruni Rai, aged about 53 years, Gender- Male, Son of Late Harish Rai, resident of village - Daudpur Bagicha, P.S.- Sahpur, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2021 Heard Mr. Dewendra Narayan Singh, learned counsel for the petitioner and Mr. Rabindra Kumar, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with Sahpur P.S. Case No. 276 of 2019 registered for the offence under Section 304 (B) / 201 / 34 of the I.P.C. The allegation as per the First Information Report is that the daughter of the informant was married to the son of the petitioner about 05 years back. It has further been alleged that after some time the accused persons started demanding dowry and due to non fulfillment of the same, the daughter of the informant was being tortured mentally as well as physically. The informant on 09.07.2019 came to know that his daughter has been killed and her dead body has been disposed clandestinely
Patna High Court CR. MISC. No.18643 of 2020(4) dt.05-01-2021 2/3 by the accused persons.
Learned counsel for the petitioner submits that petitioner is the father- in- law of the deceased and has not committed any offence in the manner alleged and entire family members (altogether 16 in number), have been made accused in the present case inasmuch as the deceased has died due to illness and family members of the informant and others participated in the cremation of the deceased. Learned counsel further submits that no specific allegation of demand of dowry and torture has been made against the petitioner and the allegation against him is general and omnibus in nature and the husband of the deceased is in custody. Learned counsel further submits that petitioner is in custody since 09.01.2020 and charge sheet has already been submitted against him and he will cooperate in the trial. Having regard to the submissions made by the parties and taking into consideration the materials available on record , the fact that petitioner is in custody since 09.01.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.18643 of 2020(4) dt.05-01-2021 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Danapur at Patna / court concerned in connection with Sahpur P.S. Case No. 276 of 2019 subject to the condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T