Sanjit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41706 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Sanjit Rai S/o Surendra Rai Resident of Village Sultanpur, P.S. Patori, District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 15.05.2017 in connection with Patori P.S. Case No. 177/17 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her daughter Nishu Devi was married to one Mukesh Rai in the year 2016 but due to non-fulfillment of demand of dowry, the husband and the in-laws along with other persons have killed her daughter and was taking the dead body for cremation, but the informant stopped them. Allegation upon the petitioner is that he

Patna High Court Cr.Misc. No.41706 of 2017 (2) dt.19-09-2017 2/2 was taking the dead body along with other co-accused for cremation.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is a covillager of the husband of the deceased. He submits that as a common practice villagers participate in the cremation ceremony and there is no involvement of the petitioner in the alleged offence. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Samastipur, in connection with Patori P.S. Case No. 177/17.

(Nilu Agrawal, J) Rajesh/- U T