Mithun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30947 of 2019 Arising Out of PS. Case No.-388 Year-2017 Thana- MADHAURAH District- Saran ====================================================== MITHUN RAI Son of Munna Rai Residence of Village-Sheo Mahmadpur, Police Station-Marhowrah (O.P.-Gaura), District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Marhowrah P.S. Case No. 388/2017, instituted for offence under Section(s) 304(B)/34 of the Indian Penal Code.

Petitioner is husband of deceased.

It is alleged in the written report that on 13.09.2017, informant got information that her daughter has been done to death in her Sasural by administering poison by the petitioner and other family members.

Post-mortem report is available in case diary wherein doctor has opined that cause of death could not be ascertained however all viscera has been preserved and sent for chemical analysis. It is mentioned in post-mortem report that froth from

Patna High Court CR. MISC. No.30947 of 2019(5) dt.29-08-2019 2/2 mouth and nostril was coming.

Report from the court below regarding stage of trial has been received from which it appears that case is pending at the stage of evidence.

Learned counsel for the petitioner has submitted that petitioner is in custody since 08.10.2018.

Keeping in view the period spent by petitioner in custody and not a single witness has been examined till date, 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 learned Judicial Magistrate, Chapra, Saran, in connection with Marhowrah P.S. Case No. 388/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T