Nandu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37877 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Nandu Rai, S/O Dalbesar Rai, Resident Of Village - Rampur Balara, P. S. - Kurhni, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kurhani P.S. Case No.56 of 2020 for the offence punishable under Sections 304B, 201, 120B of the Indian Penal Code. Informant claims that all the in-laws together have killed his daughter for non-fulfilment of demand for dowry. The counsel for the petitioner submits that the husband is behind bars. Petitioner is the father-in-law and in custody since 07.04.2020, though no specific allegation whatsoever has been levelled against him and there are general and omnibus allegations based on suspicion as the informant is not even an eye-witness and he claimed to have learnt from some persons regarding his daughter being done to death.

Patna High Court CR. MISC. No.37877 of 2020(2) dt.05-02-2021 2/3 Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 A.C.J.M.-III, Muzaffarpur, in connection with Kurhani P.S. Case No.56 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.37877 of 2020(2) dt.05-02-2021 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T