Sukhdeo Rai @ Suk Deo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19548 of 2020 Arising Out of PS. Case No.-730 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Sukhdeo Rai @ Suk Deo Rai, son of Nathuni Rai, R/o village-Gaoura, P.S.- Marhowrah (Gaura O.P.), District-Saran at Chhapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Tej Pratap Singh, Advocate For the Opposite Party :

Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2021 Heard the parties.

The petitioner seeks bail in connection with Marhowrah (Goura) P.S. Case No.730 of 2019 registered for the offence punishable under Section 304B read with 34 of the Indian Penal Code.

It is contended on behalf of the petitioner that the petitioner is absolutely innocent and has been falsely implicated in the case. He is aged about 70 years. The alleged victim was the daughter-in-law of the petitioner and was being treated well in her matrimonial home. She was suffering from certain ailment and when her condition deteriorated, the parents of the alleged victim were properly informed. They came and in their presence, the daughter-in-law of the petitioner died. They also participated in her last rites and after four days from the date of death, a complaint case was filed before the court which was

Patna High Court CR. MISC. No.19548 of 2020(3) dt.22-01-2021 2/2 referred to the police in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure pursuant to which, the first information was registered on 24.10.2019. Learned counsel for the State has opposed the application for grant of bail to the petitioner. He contended that the petitioner and his other relatives including the husband of the deceased subjected the victim to cruelty for non-fulfilment of demand of motorcycle and they also killed her. Considering the facts and circumstances of the case as also the old age of the petitioner, who is in custody since 18.02.2020, 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 learned Chief Judicial Magistrate, Saran at Chhapra in connection with Marhowrah (Goura) P.S. Case No.730 of 2019.

(Ashwani Kumar Singh, J.) sanjeet/- U T