Raj Kumar Mochi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62933 of 2024 Arising Out of PS. Case No.-900 Year-2022 Thana- MANER District- Patna ====================================================== Raj Kumar Mochi, aged about 56 years (Male), son of late Dwarika Mochi, resident of Village Chhitrauli, P.S. Maner, Dist. Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Veena Kumari Jaiswal, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maner P.S. Case No. 900 of 2022 instituted for the offences under Sections 304(B), 34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in committing murder of Informant's daughter due to nonfulfillment of dowry demand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the father-in-law of the deceased. He further
Patna High Court CR. MISC. No.62933 of 2024(4) dt.20-01-2025 2/3 submits that the petitioner lives separately from his son since long. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is no eye-witness to the alleged occurrence. Even the Informant is not the eye-witness in this case. The petitoner has never demanded any dowry from the victim girl or from her relative any any point of time and, as such, the petitioner has no concern with the alleged occurrence. The petitioner is already in judicial custody since 16.12.2024. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.12.2022 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.
6. In compliance to the order of this Court, the learned court below has sent status report of the trial stating therein that the examination and cross-examination of the witness no.1 namely Rajdev Ravidas has been completed and non-bailable warrant has also been issued against the remaining witnesses for evidence and the case is fixed on 20.12.2024 for evidence.
7. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.62933 of 2024(4) dt.20-01-2025 3/3 and considering the entire facts and circumstances of the case, the period of custody of the petitioner, there being no direct or specific allegation against the petitioner, the petitioner having no criminal antecedent as also considering the report sent by learned court below, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 900 of 2022, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T