Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54894 of 2018 Arising Out of PS. Case No.-357 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Raj Kumar Rai, Son of Jai Shanker Rai, resident of Village- Balua, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Birendra Kumar Sinha, Sr. Advocate.

Mr. Virendra Kumar, adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP Mr. Pushpendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2018 The petitioner seeks bail in connection with Runnisaidpur P.S.Case No. 357 of 2018 registered under Sections 304B and 201/34 of the Indian penal Code.

Allegation against the petitioner is of dowry death. He happens to be the husband.

Submission of learned counsel for the petitioner is that earlier a case has been lodged but that case has been compromised and petitioner was keeping his wife with him and furthermore he has informed about the deceased that she was under treatment, but nobody has come when she died and as such dead body was disposed of.

Heard learned APP as well as learned counsel for the informant, who have opposed the prayer for bail stating that

Patna High Court Cr.Misc. No.54894 of 2018(4) dt.13-12-2018 2/2 earlier also a case has been lodged under Section 498A of the Indian Penal Code and after compromise she was taken and thereafter she was killed but no information was given by the petitioner to the informant and others, which will appear from the FIR and the case diary rather informant has received information from his villager and furthermore there is absolutely nothing in the case dairy to show that deceased was under treatment and she died due to illness.

Having heard both sides and in view of the fact that there is allegation of demand of dowry and there was a case earlier lodged against the petitioner and furthermore, there is nothing on record to show that she died due to illness, I am not inclined to grant bail to the petitioner.

Accordingly, this application stands dismissed. (Vinod Kumar Sinha, J) sujit/- U T