Jitendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25366 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- KOTWALI District- Patna ====================================================== JITENDRA RAI Son of Shri Fuleshwar Rai Resident of Village - Pagaru West Tola, Ward 6, P.S.- Dalsingsarai, District- Samastipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sriram Krishna For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 304 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner had no intention to commit the said offence. In course of occurrence, brick is said to
Patna High Court CR. MISC. No.25366 of 2019(3) dt.07-05-2019 2/2 have been used. No deadly weapon is used in course of the occurrence. The petitioner had no knowledge that the injury caused will lead to the death of the deceased. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VI, Patna in connection with Kotwali Patna P.S. Case No. 20 of 2019. (Sudhir Singh, J) Pankaj/- U T