Manoj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28677 of 2019 Arising Out of PS. Case No.-294 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== MANOJ KUMAR RAI, Son of Sitaram Rai, Resident of Village - Bhagwanpur Desua, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Ujiyarpur P.S. Case No.294 of 2018 instituted for the offence under Section(s) 304-B Indian Penal Code.

In the written report, it is alleged that daughter of the informant, Khushboo Kumari, was married with petitioner. The informant got telephonic message on 16.11.2018 that his daughter is not well. The informant went to the matrimonial house of his daughter and found her lying dead. It is alleged that this petitioner along with other family members has caused death of his daughter by hanging with rope for non fulfillment of demand of dowry.

Counsel for the petitioner submits that in the case diary none of the witness has supported allegation of

Patna High Court CR. MISC. No.28677 of 2019(5) dt.31-07-2019 2/2 committing murder by this petitioner. The witness in para 4 of case diary has stated that victim was suffering from mental disease. The other witnesses in several paragraphs have also stated similarly.

Postmortem report is available in the case diary from which it appears that visceras were preserved and sent for chemical examination.

The informant himself has filed petition in the Court below that her daughter was not tortured in her Sasural for demand of dowry.

Petitioner is in custody since 04.02.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 SDJM, Dalsinghsarai, in connection with Ujiyarpur P.S. Case No.294 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T