Raj Mangal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69831 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Raj Mangal Rai Son of Late Chathu Rai Resident of Village-Kauriya Tola Miriyasi,P.S. Madhuban,Distt.-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Madhuban P.S. Case No. 165 of 2018 registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code, 1860.
Informant is the mother of deceased, who, in her written complaint has stated that marriage of her daughter was solemnized with co-accused Ashok Rai and thereafter she was being tortured by petitioner and other co-accused for nonfulfillment of demand of dowry. On 14.08.2018 she got information that the petitioner and other family members have killed and cremated her daughter and thereafter she has lodged the present FIR.
Patna High Court Cr.Misc. No.69831 of 2018(2) dt.07-12-2018 2/2 It has been submitted on behalf of the petitioner that petitioner is the father in law of deceased and residing separately from her husband and he has no concern with the deceased. Petitioner has no criminal antecedent and he is in custody since 23.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 165 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T