Raju Rai @ Raju Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38801 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- ANDHRATHARHI District- Madhubani ====================================================== RAJU RAI @ RAJU KUMAR RAI Son of Shivjee Rai Resident of village -Bithauni, P.S. - Andhrathadhi, Distt. - Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Adv.
For the Opposite Party/s :
Mr.Pranav Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498 A, 306, 511 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The prosecution story, in brief, is that the informant got married to the petitioner in the year 2017. After marriage, she went to her matrimonial house where she started living. Soon after, her husband went to Mumbai and started residing there for their livelihood where he fell in illicit relationship with another women. When objection was raised by the informant, she was mentally and physically harassed by her husband and pressurized to get divorce. Father of informant tried to pacify
Patna High Court CR. MISC. No.38801 of 2023(2) dt.02-08-2023 2/3 the matter but petitioner and his family members did not agree to keep the informant rather she was instigated by the accused persons to commit suicide. In a fit of rage, the informant administered poison. Further, the informant was taken to Cribs Hospital, Madhubani where her statement was recorded.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner never abetted the informant to commit suicide. It is further submitted that from bare perusal of FIR, it is crystal clear that the deceased herself consumed the sulphas. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case and considering the arguments of the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like
Patna High Court CR. MISC. No.38801 of 2023(2) dt.02-08-2023 3/3 amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Andhrathadhi P.S. Case No. 01 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T