Praveen Kumar Rai @ Pravin Kumar Ray @ Pravin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36039 of 2019 Arising Out of PS. Case No.-414 Year-2018 Thana- PATORI District- Samastipur ====================================================== PRAVEEN KUMAR RAI @ PRAVIN KUMAR RAY @ PRAVIN KUMAR Son of Shri Suresh Rai Resident of village- Chandpur Dhamaun, P.S.- Patori, Distt.- Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Patori P.S. Case No. 414/2018, instituted for offence under Section(s) 302/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is brother of the husband of deceased. It is alleged in the written report that daughter of informant, namely, Pooja Kumari was married with Pankaj Ray on 10.05.2017, who had died due to heart attack. Thereafter daughter of informant got compassionate appointment. It is alleged that family members of Pankaj Ray wanted to give aforesaid compassionate appointment to Pavan Kumar Ray but Pooja Kumari did not agree then this petitioner and other
Patna High Court CR. MISC. No.36039 of 2019(3) dt.22-07-2019 2/2 accused persons as named in the written report caused her death by pressing her neck.
Post-mortem report is available in case diary, wherein doctor has found bruise of size 4"x1" on the left side of neck. Cause of death is opined due to asphyxia and shock caused by pressure on the neck by hard and blunt substance. In this manner, from the written report it appears that no allegation of specific overt act has been levelled against this petitioner.
Petitioner is in custody since 09.12.2018.
Considering the aforesaid facts and circumstances, 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 Additional Chief Judicial Magistrate IVth, Samastipur, in connection with Patori P.S. Case No. 414/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T