Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52911 of 2016 Arising Out of PS.Case No. -285 Year- 2016 Thana -GARKHA District- SARAN ====================================================== Harendra Rai, Son of Late Shri Pati Rai, Resident of Village- Musaheb Tola, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 26-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Garkha P.S. Case No.285 of 2016 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the deceased, the sister of the informant, by her husband and in-laws for non fulfillment of the dowry demand.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is father-in-law of the deceased, the sister of the informant, and has falsely been implicated in this case only to put undue pressure. The petitioner having no criminal

Patna High Court Cr.Misc. No.52911 of 2016 (5) dt.26-04-2017 2/2 antecedent is in custody since 14.09.2016. Further submission is that Rakesh Rai, the husband of the deceased, the sister of the informant, is already in custody.

The viscera report of the deceased, as called for, has been received, which shows that Aluminum Phosphide, which is commercial known as Celphos, was detected on the viscera of the deceased.

Having regard to the facts and the circumstances of the case and also considering the period of the petitioner, who is father-in-law of the deceased, the sister of the informant, in custody since 14.09.2016, 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 Additional Chief Judicial Magistrate-V, Saran at Chapra, in connection with Garkha P.S. Case No.285 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T