Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29728 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- AURAI District- Muzaffarpur ====================================================== ARVIND RAI S/o Shiv Kumar Ray Resident of Village- Panapur, ToleAriya, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the State :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.29728 of 2020(2) dt.10-11-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-12-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. The informant vide Annexure-2 has filed a petition before the court below wherein he retracted from his earlier statement. In the said petition, the informant has stated that the deceased died due to heart attack.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate-IXth-cum-Sub Judge, Muzaffarpur, i in connection with Aurai P.S. Case No. 198 of 2019.

(Sudhir Singh, J) A.K.V.//- U T