Naresh Kumar @ Naresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38245 of 2021 Arising Out of PS. Case No.-114 Year-2019 Thana- JURAWANPUR District- Vaishali ====================================================== NARESH KUMAR @ NARESH RAI Son of Nemdhari Rai Resident of Village - Jurwanpur Barari, P.S.- Jurwanpur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Jurwanpur P.S. Case no. 114 of 2019 registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 21.3.2021, is person with clean antecedent and charge sheet has been submitted. Learned counsel submits that the informant in the FIR alleges that his daughter was married to the petitioner in the year 2005 and this petitioner along with his family participated in killing the daughter of the informant for non-fulfillment of demand of dowry Rs 2 lac and one gold chain. Learned counsel submits that marriage took place in the year 2005 and death occurred in

Patna High Court CR. MISC. No.38245 of 2021(2) dt.13-12-2021 2/3 the year 2019 i.e. after 14 years and out of the wedlock four children were born, though there is allegation of demand of dowry but then there has been no complaint anywhere prior to the present incident as such learned counsel submits that if what has been alleged in the FIR is true, the informant would have definitely taken action much earlier. Learned counsel submits that the informant is a greedy man who has instituted the present case as would be evident from Annexure 2 to the present bail application wherein son of this petitioner namely, Vishal Kumar has given written representation to the police official wherein he has categorically stated that his mother died due to illness and further raised question mark about intention and character of the informant.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody, is person with clean antecedent and charge sheet has been submitted and son of the petitioner has also made representation for the purpose of bail can be considered as it mentions about character and credibility of the informant, the petitioner is directed to 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 Addl. Chief Judicial Magistrate

Patna High Court CR. MISC. No.38245 of 2021(2) dt.13-12-2021 3/3 IX, Vaishali at Hajipur in Jurwanpur P.S. Case no. 114 of 2019. (Satyavrat Verma, J) s.hassan/- U T