Shiv Rai @ Shivji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32184 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Shiv Rai @ Shivji Rai Son of Late Rambahadur Rai R/O Semra Dhath, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Karandeep Kumar, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Chiraiya P.S. Case No. 37 of 2023 registered for the offence under Sections 304-B, 201, 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 31.01.2023.

The allegation against this petitioner is to commit cruelty upon daughter of informant causing her death alongwith other co-accused persons/family members due to nonfulfillment of demand of dowry as raised for Rs. 2 lacs.

Patna High Court CR. MISC. No.32184 of 2023(2) dt.03-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is the father-in-law of the deceased, living separately having no connection with her daily and domestic affairs. It is further submitted that the thrust of allegation is specific against husband of the deceased, where petitioner was implicated with this case only being the father of the husband of deceased. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge sheet has already submitted and as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as the thrust of allegation is specific against husband of the deceased not against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 31.01.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Chiraiya P.S. Case No. 37 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.32184 of 2023(2) dt.03-07-2023 3/3 Sikrahana at Dhaka, East Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T