Shrawan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63744 of 2017 Arising Out of PS. Case No.-161 Year-2017 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Shrawan Rai, Son of Binod Rai, Resident of Village - Mujiya, P.S. - Kudra, District - Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. sushant Praveer, Advocate For the Opposite Party/s :
Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Kudra P.S. Case No. 161 of 2017 pending in the Court of learned Judicial Magistrate 1st Class, Kaimur at Bhabua registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her daughter was married to the petitioner in the year 2013 and for non-fulfilment of demand of dowry, she has been burnt to death by her husband, the petitioner and in-laws. It has been submitted by the learned counsel for the petitioner that he is innocent and just because he is the husband of the deceased, he has been falsely implicated. He submits that
Patna High Court Cr.Misc. No.63744 of 2017(3) dt.12-02-2018 2/2 U.D. Case No. 06 of 2017 was lodged by the elder father of the deceased, but subsequently the present First Information Report has been lodged by the mother of the deceased. He submits that charge-sheet has been submitted and the death was accidental due to burn injury while cooking food.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage. This application is, accordingly, rejected.
However, petitioner may renew his prayer for bail after framing of charge.
(Nilu Agrawal, J.) Arjun/- U T