Rajesh Kumar Rai @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36165 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Rajesh Kumar Rai @ Rajesh Kumar S/o Late Vasudev Rai R/o village Bhalui Sikandar Ps Sahebganj District Muzaffarpur 2.

Rakesh Rai @ Rakesh Kumar S/o Late Vasudev Rai R/o village Bhalui Sikandar Ps Sahebganj District Muzaffarpur 3.

Kuber Rai @ Kuber Kumar S/o Late Vasudev Rai R/o village Bhalui Sikandar Ps Sahebganj District Muzaffarpur 4.

Mukesh Rai @ Mukesh Kumar Yadav S/o Rupdev Rai R/o village Bhalui Sikandar Ps Sahebganj District Muzaffarpur 5.

Lal Prasad Rai S/o Rupdev Rai R/o village Bhalui Sikandar Ps Sahebganj District Muzaffarpur 6.

Mokhtar Rai @ Moktar Rai S/o Late Shivdayal Rai R/o village Gaura PS Paroo District Muzaffarpur 7.

Makeshwar Rai S/o Late Shivdayal Rai R/o village Gaura PS Paroo District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In this present case, the petitioners are apprehending their arrest in connection with Sahebganj P.S. Case No. 140 of 2023, registered on 06.04.2023 for the offences under Sections 304B/34 of the Indian Penal Code.

3. As per prosecution case, daughter of the informant died within seven years of her marriage in her matrimonial

2/4 home and there is allegation that the petitioners and other coaccused persons caused her death due to non-fulfillment of demand of Bullet motorcycle and the deceased was tortured and assaulted by them.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioner nos.1, 2 and 3 are the brothers-in-law, petitioner nos. 4 and 5 are cousin-in-law and petitioner nos. 6 and 7 are maternal uncle-in-law of the deceased No occurrence as alleged has ever taken place. Petitioners never made any demand of dowry and never assaulted or tortured the daughter of the informant. Petitioners have no concern with the daily affairs of the husband of the deceased. Learned counsel further submits that the real fact of the case is that the deceased was ill and her husband got her admitted in Prasant Medical Hospital, Muzaffarpur but her life could not be saved.

Informant was fully aware of all the facts but at the instance of enemies of the family of the petitioners, he has lodged the false and concocted case. However, a petition has been filed on behalf of the informant on 08.05.2023 narrating the real faces.

3/4 reason no offence under Section 304B of IPC is made out against the petitioners. Moreover, allegations are general and omnibus and no specific allegation has been levelled against the petitioners. Petitioners are having clean antecedent. Other coaccused Indradev Rai and Sakila Devi @ Ramjhari Devi have been granted anticipatory bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 17485 of 2024.

5. Learned APP opposes the submission made on behalf of the petitioners. Learned APP submits that there is specific allegation against the petitioners and other co-accused persons for causing dowry death of the daughter of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the relationship of the petitioners with the deceased and further considering the lack of substantive material in the background of vague allegation against the petitioners and also considering the clean antecedent of the petitioners coupled with probability of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

4/4 Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Court No.4, West Muzaffarpur/concerned court in connection with Sahebganj P.S. Case No. 140 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T