Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25358 of 2017 Arising Out of PS.Case No. -140 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Upendra Rai, S/o Baidnath Rai, R/o Village- Tada Chauri, Ward No.16, P.S.- Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Ms. Rina Sinha For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2017 Heard Ms. Rina Sinha, learned advocate appearing on behalf of the petitioner and the learned APP for the State. The petitioner is seeking regular bail in connection with Mahnar P.S. Case No. 140 of 2016 registered under section 304B/34 IPC.

The prosecution story in brief is that the daughter of the informant was married with one Jitendra Rai in June, 2013 but after marriage she was ill treated by the accused persons and there was demand of dowry.

Learned counsel for the petitioner would submit that the petitioner is father in law of the deceased and there is no specific allegation against him save and except the omnibus allegation of demand of dowry and torture by all the accused persons. She

Patna High Court Cr.Misc. No.25358 of 2017 (2) dt.06-06-2017 would also submit that the co-accused Raj Kumari Devi against whom there were similar allegations has been granted bail by a coordinate Bench of this Court in Criminal Misc. No. 486 of 2017. The petitioner is in custody since 01.4.2017. The learned APP opposed the prayer for bail but on the face of the fact that the similarly situated co-accused has been granted privilege of bail, he could not pose any sufficient challenge to the grant of this privilege to the petitioner. In the facts and circumstances stated hereinabove, considering the fact that the petitioner is father in law and there is no specific allegation against him as also the similarly situated coaccused has been granted bail, let the petitioner, namely, Upendra Rai be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-VI, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 140 of 2016.

(Rajeev Ranjan Prasad, J) S.Sb/- U T