Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8686 of 2021 Arising Out of PS. Case No.-217 Year-2020 Thana- KHAIRA District- Saran ====================================================== MANTU RAI Son of Ramnath Rai Resident of Village - Rauza, Police Station - Town Chhapra, District - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudama Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending his arrest in connection with Khaira P.S. case No.217 of 2020 registered under Sections 304(B) and 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation is that the accused persons including the petitioner caused death of the daughter of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.8686 of 2021(3) dt.23-08-2021 2/2 has falsely been implicated in this case. The informant has filed a petition in the court below, where he has retracted from his earlier statement made in the F.I.R. The said petition is Annexure 3 to the supplementary affidavit.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Smt. Ruby Kumari, Judicial Magistrate, 1st class, Saran in connection with Kaira P.S. case No.217 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T