Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26922 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== RAMESH RAI Son of Chotelal Rai Resident of Village - Aswari, P.S.- Kathaiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Kathaiya P.S. Case No. 113 of 2019, disclosing offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The petitioner is the husband of the deceased, who is in custody since 13.07.2019. Brother of the deceased is the informant, who has alleged in the First Information Report that the marriage between the petitioner and the deceased was solemnized nearly four years before the date of the death of the deceased. There is allegation of demand of dowry against inlaws and the petitioner in the First Information Report. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.26922 of 2020(4) dt.05-01-2021 2/2 has submitted that he has remained in custody for nearly one and half years. On the basis of vague allegation, all the family members including the petitioner have been implicated. He has submitted that allegation of demand of dowry is not specific against the petitioner. He has further argued that since chargesheet has already been submitted and the petitioner has remained in custody for several period of time, no tangible purpose would be served, if the petitioner is allowed to languish in jail any further.

Considering the aforesaid submission and the nature of accusation in the First Information Report, in my opinion, a case for bail is made out. Since the charge-sheet has already been submitted by the police, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, Muzaffarpur in Kathaiya P.S. Case No. 113 of 2019.

(Chakradhari Sharan Singh, J) arun/- U