Jaipal Ray @ Japal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46304 of 2023 Arising Out of PS. Case No.-404 Year-2022 Thana- BHELDI District- Saran ====================================================== JAIPAL RAY @ JAPAL RAY Son of Gyani Ray Resident of village - Katsa Siswajan, P.S. - Bheldi, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 304(B), 201, 34 of the IPC. 3.

As per the prosecution case, daughter of the informant has been killed by F.I.R. named accused persons including the petitioner due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is the father-in-law of the deceased and there is no specific allegation against him. He has never made any dowry demand and was living separately from the deceased and her

Patna High Court CR. MISC. No.46304 of 2023(3) dt.12-09-2023 2/2 husband. It is further submitted that husband of the deceased is in judicial custody since 01.09.2023. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since husband of the deceased is already in custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bheldi P.S. Case No.404 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, before accepting the bail bond of the petitioner, the learned Court below is directed to verify this fact as to whether the husband of the deceased is in judicial custody or not and if, it is found that he is not in custody, the bail bond of the petitioner shall not be accepted.

(Anjani Kumar Sharan, J) pallavi/- U T