Guddu Rai @ Jai Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70237 of 2018 Arising Out of PS. Case No.-175 Year-2016 Thana- MADHAURAH District- Saran ====================================================== Guddu Rai @ Jai Prakash Rai s/o Late Jagu Rai, r/v- Tejpurwa, P.S.- Marhowrah District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-12-2018 Heard the parties.

The petitioner seeks bail in Marhowarh P.S. Case No. 175/2016, registered for the offences punishable under Section 498A, 324, 326, 307, 304(B), 504 and 34 the Indian Penal Code and section 3/4 of Dowry Prohibition Act.

The petitioner is elder brother of the husband of deceased.

Learned counsel appearing on behalf of petitioner has contended that no offence under Section 304(B) of the Indian Penal Code, in the absence of any allegation of demand of dowry, can be said to be made out. He also submits that there is no specific allegation of any torture against this petitioner. Petitioner has been implicated in this case only because of his

Patna High Court Cr.Misc. No.70237 of 2018(2) dt.03-12-2018 2/2 relationship with the husband of the deceased. I find substance in submission made on behalf of the petitioner. This application is allowed. Let the petitioner abovenamed, 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 the learned Additional Chief Judicial Magistrate VIII, Saran at Chapra in connection with Marhowrah P.S. Case No. 175/2016.

(Chakradhari Sharan Singh, J) vinita/- U T