Rakesh Rai @ Rakesh Kumar @ Rakesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52758 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- MAKER District- Saran ====================================================== Rakesh Rai @ Rakesh Kumar @ Rakesh Kumar Ray S/o Gyanchand Ray R/o vill - Khalpura, P.s. - Maker, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Maker P.S. Case No. 184 of 2023, registered for the offences punishable under Sections 304 (B)/ 34 of the Indian Penal Code.

3. As per allegation, the marriage of sister of the informant was solemnized with the petitioner in the year 2017. On 11.09.2023, the informant got an information that due to nonfulfillment of demand of dowry, the petitioner along with his family members killed his sister by pressing her neck.

4. The learned counsel for the petitioner has submitted that though the petitioner is husband of the deceased but he has falsely been implicated in this case. As per post-mortem report, death is caused due to axphyxia which shows that she had committed suicide. He has submitted further that after realizing the

Patna High Court CR. MISC. No.52758 of 2024(4) dt.18-01-2025 2/2 fact, the parties have compromised the case. Both the parties are contemplating the marriage of the petitioner with younger sister of the deceased for fostering the four-year old child, born out of wedlock of the couple.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIIIth Saran at Chapra in connection with Maker P.S. Case No. 184 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

6. The petitioner shall remain present physically on each and every date before the court below till conclusion of the trial. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) kundan/- U T