Hiralal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21986 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== HIRALAL RAI, aged about 26 years (M), Son of Bachchan Rai, Resident of Village - Harihara, P.S.- Chiraiya, (Shikerganj), Distt-East Champaran, Motihari.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sharda Nand Mishra, Advocate.

For the Opposite Party :

Mr.Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.07.2018 in a case for the offence registered under Sections 304(B)/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.21986 of 2019(3) dt.19-06-2019 2/2 present case. The petitioner is the husband of the deceased. From perusal of statements of witnesses made in paragraph nos. 7, 74, 77 and 78 of the case diary, it is evident that the deceased is said to have committed suicide. No offence under Section 304(B) of the IPC is made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let 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 the learned A.C.J.M. Sikarhana at Dhaka, East Champaran, Motihari, in connection with Chiraiya (Shikargani) P.S. Case No. 220 of 2018. (Sudhir Singh, J) U.K./- U T