Jay Prakash Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.42757 of 2017 (3) dt.21-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42757 of 2017 Arising Out of PS.Case No. -621 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jay Prakash Rai S/o Kailash Rai R/o Jolghawa, P.S. Turkaulia, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2017 Heard both sides.

The petitioner apprehends his arrest in Turkauliya P.S. Case No.621 of 2016 under Sections 304(B) and 120(B) of the Indian Penal Code.

The informant, the father of the deceased alleged that he married his daughter with the petitioner on 24.04.2016. His daughter living happily with them in her sasural but her husband and other in-laws began to torture his daughter due to nonfulfillment of demand of dowry. The informant was informed that dead body of his daughter is hanging from the roof. The learned counsel for the petitioner submits that during the course of investigation, it has come that the deceased

Patna High Court Cr.Misc. No.42757 of 2017 (3) dt.21-12-2017 was suffering from mental depression and prior to the occurrence, she made two or three attempts to do away with her life. Petitioner is of course the husband of the deceased but no specific allegation is made against the petitioner.

From perusal of the F.I.R. and the case diary, it appears that father of the victim and others have made very specific allegation that the petitioner being the husband of the deceased was always torturing the deceased. The deceased was found dead in her sasural within 8 months of her marriage. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T