Rakesh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.35297 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35297 of 2015 Arising Out of PS.Case No. -88 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Rakesh Rai son of Jagdish Rai resident of village - Makhdumganj, P.S. - Chapra Mufassil, District - Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Usha Kumari Singh For the Opposite Party : Mr. Pramod Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Chapra Mufassil P.S.Case No.88 of 2015 instituted under Sections 304(B), 201 and 34 of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Saran.

It is alleged by the informant that my daughter was married with Rakesh Rai on 23.06.2010. As per capacity, gift of rupees two lack was given. All the named accused persons were demanding rupees one lack and set of colour television and for that Panchyati was held. On 25.04.2015, it was informed to the informant that due to non-fulfilment of the dowry, his daughter has been killed by all the named accused persons and the dead body has been thrown in the river Ganga.

Patna High Court Cr.Misc. No.35297 of 2015 (3) dt.22-09-2015 It has been submitted on behalf of the petitioner that the petitioner is the husband of the deceased and he has been made accused due to mistake of fact.

It has been submitted on behalf of the State that the main allegation is against the petitioner.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioners and the same is rejected. Any how, if the petitioners surrender in the court below within a period of six weeks and pray for regular bail, same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) B.Kr./- U T