Kanhaiya Raut @ Kanhaiya @ Krishna Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17888 of 2017 Arising Out of PS.Case No. -173 Year- 2016 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Kanhaiya Raut @ Kanhaiya @ Krishna Raut S/o Bishwath Raut Resident of Village-Poorani Bazar Machhahatta Chouk, P.S. Jhanjharpur Dist. Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jhanjharpur P.S. Case no. 173 of 2016, registered under Sections 304(B) and 315/34 of the Indian Penal Code.

The accusation is that the marriage of sister of the informant was performed in the year 2014 with Pawan Raut and one male issue aged about one year six months born out their wedlock. After the marriage his sister was being tortured for demand of cash of Rs. Two lakhs and motorcycle. On 0412.2016, while informant had gone to Baheri Bazar to attend the marriage ceremony of his friend then received telephonic message from neighbour of his sister that condition of his sister is critical. Thereafter, informant informed the matter to his brother and reached at his sister's matrimonial house and

Patna High Court Cr.Misc. No.17888 of 2017 (4) dt.12-10-2017 2/2 saw that mother-in-law, father-in-law and sister-in-law of his sister was carrying to his sister wrapped in a blanket to the room. At that time Pawan Raut and the petitioner were absent from the house. The informant saw black sign on the neck of his sister, which clearly shows that his sister was killed due to strangulation. Learned counsel for the petitioner submits that the petitioner is the brother-in-law of the deceased, sister of the informant, and he used to reside separate and he is also suffering from lungs disease. Moreover, it would appear from the F.I.R. that petitioner was not present in the house at the time of occurrence.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-I, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 173 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.