Balendra Rai @ Balinder Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42013 of 2014 Arising Out of PS.Case No. -138 Year- 2009 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Balendra Rai @ Balinder Rai son of Bhuneshwar Rai Resident of village - Juneda, P.O. and P.S. Motipur, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandan For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.

The petitioner seeks bail in Motipur P.S. Case No. 138 of 2009 registered under sections 302, 201/34 of the Indian Penal Code.

The father of the deceased alleged that after marriage of his daughter Rima Kumari the accused persons including the petitioner made demand of dowry and his daughter was killed and her dead body was cremated.

Learned counsel for the petitioner submits that during the course of investigation many witnesses in paragraph nos. 9, 10 and onwards have disclosed that the deceased had quarrel with her husband and her husband went to market but thereafter the deceased committed suicide by hanging herself on

Patna High Court Cr.Misc. No.42013 of 2014 (3) dt.10-02-2015 2/2 a Sisam Tree. It is further submitted that the informant has already compromised the case.

On perusal of the record it appears that the deceased was married in the year 2008 with the petitioner and within one year the deceased was killed or she committed suicide and even the informant (father) of the deceased was not informed before cremation of the dead body. Hence I am not inclined to enlarge the petitioner on bail. The same is rejected. If the case is not committed, the learned Magistrate is directed to commit the case to the court of sessions and the learned sessions judge shall concluded the trial within six months from the date of receipt/production of a copy of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail firstly before the trial court. (Prabhat Kumar Jha, J) M.Rahman/- U T