Mukesh Rai @ Mukesh Rai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71459 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- PURNAHYA District- Sheohar ====================================================== Mukesh Rai @ Mukesh Rai Yadav, S/o Vinod Rai Yadav Resident of VillageKothiya Tola Bakhar Chandiha, P.S. Puranhia, Distt. Sheohar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Harendra Kumar For the Opposite Party/s :

Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Puranhia P.S. Case No. 16 of 2018, registered under Sections 304(B), 306, 504 and 506/34 of the Indian Penal Code. The accusation is that the marriage of sister of the informant Mukesh Kumar Yadav was performed with this petitioner in the year 2017 after giving proper dowry and after six months, the sister of the informant was sent in Bidai then she used to reside at her matrimonial house, where she was being tortured by her husband (Petitioner) and in-laws. The petitioner, who is husband of the sister of the informant, resides at Punjab and he used to abuse his wife on phone. As such, due to mental agony, she committed suicide by

Patna High Court Cr.Misc. No.71459 of 2018(2) dt.06-12-2018 2/2 consuming poison. When informant came to know about consuming poison, he along with his other family members reached at his sister's matrimonial house, where he was informed that his sister has died.

Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that there is no demand of dowry by the petitioner or his family members nor the sister of informant was ever tortured for demand of dowry. Further submission is that, in fact, deceased wife of the petitioner was suffering from heart disease, who was under treatment and she died due to that disease, but with ulterior motive, the petitioner, who is husband of the deceased and his other family members have been implicated in this case. Further submission is that petitioner is in custody since 05.09.2018. 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 S.D.J.M. Sheohar in connection with Puranhia P.S. Case No. 16 of 2018.

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