Vijay Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.27873 of 2016 (2) dt.14-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27873 of 2016 Arising Out of PS.Case No. -152 Year- 2012 Thana -SAKRA District- MUZAFFARPUR ====================================================== Vijay Rai, Son of Late Brahamdeo Rai, Resident of village - Mirapur Tole Mohanpur, Near Cycle Chouk, Police Station Sakra, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Prakash Sharma For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sakra P.S. Case No. 152 of 2012 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is of killing of the daughter of informant by her husband and in-laws due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner is the husband of the deceased and due to wedlock there is one child, aged about 2 years. It is further submitted that deceased, daughter of informant, died due to illness and information was given to the informant and he also participated in

Patna High Court Cr.Misc. No.27873 of 2016 (2) dt.14-07-2016 the funeral but due to ulterior motive the present case has been lodged only to give undue pressure. It is further submitted that informant after knowing the real fact has filed an application on 05.01.2015 in the court of Chief Judicial Magistrate, Muzaffarpur to the effect that he has lodged the case due to misconception. It is further submitted that petitioner is in custody since 21.03.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Sakra P.S. Case No. 152 of 2012. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T