Patna High CourtCR. MISC./35818/2020bail granted

Rakesh Rai v. The State Of Bihar

2021-01-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35818 of 2020 Arising Out of PS. Case No.-27 Year-2017 Thana- JURAWANPUR District- Vaishali ====================================================== Rakesh Rai Son of Mahendra Roy resident of village- Birfar, P.s.- Jurawanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Jurawanpur P.s. Case No. 27 of 2017, disclosing offences punishable under Sections 304B,201/34 of the Indian Penal Code.

The petitioner, who is the husband of the deceased is in custody since 10.05.2020. Allegedly, the informant received an information that his sister who was married to the petitioner nearly two years ago died in her matrimonial home. Allegedly, dowry demand of Rs.50,000/- was made by her in-laws. Learned counsel appearing on behalf of the petitioner has submitted that as a matter of fact, the deceased was suffering from acute diarrhea and she died despite efforts having

Patna High Court CR. MISC. No.35818 of 2020(2) dt.22-01-2021 2/2 been made for best treatment. He has submitted that independent witnesses have stated during the course of investigation that victim died of diarrhea, despite efforts having been made for prompt treatment.

Considering the above submission and the fact that there is no specific allegation of demand of dowry soon before the death of the deceased and that there is no material suggesting any overt act of the petitioner in causing death of the deceased, this application 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 Chief Judicial Magistrate, Vaishali at Hajipur in Jurawanpur P.S Case No. 27 of 2017.

(Chakradhari Sharan Singh, J) arun/- U