Suresh Ray @ Suresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58024 of 2024 Arising Out of PS. Case No.-31 Year-2019 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Suresh Ray @ Suresh Rai S/O Ram Bilash Rai R/O Village- Marwa Gopalpur, PS- Vidyapati Nagar, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Sinha For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 287 of 2024, arising out of Vidyapati Nagar Katra Police Station Case No. 31 of 2019, registered for the offences punishable under Sections 304B/201/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, tortured and killed the daughter of the informant, due to non-fulfillment of the demand of dowry.
4. Learned Counsel for the petitioner submits that the petitioner, who happens to be the father-in-law of the deceased, has falsely been implicated in this case due to
Patna High Court CR. MISC. No.58024 of 2024(2) dt.30-08-2024 2/3 ulterior motive. He further submits that the deceased and his husband (son of the petitioner) were living separately from the petitioner and other accused persons and were not interfering in the day-to-day family affairs of the deceased and her husband. He further submits that coaccused persons, Vikesh Ray (Criminal Misc. No. 13427 of 2020), and Dinesh Ray (Criminal Misc. No. 12911 of 2020), have been granted regular bail by Co-ordinate Benches of this Court. He next submits that petitioner is in custody since 01.04.2024, and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
5. Regards being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 01.04.2024, charge-sheet has already been submitted, similarly situated co-accused persons have been granted bail by this court and the trial is not likely to be concluded in near future, I am inclined to grant regular bail to the petitioner.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.58024 of 2024(2) dt.30-08-2024 3/3
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Samastipur, in connection with Sessions Trial No. 287 of 2024, arising out of Vidyapati Nagar Katra Police Station Case No. 31 of 2019,, subject to the conditions that (1) the petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the court below, and (2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √