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Patna High CourtCR. MISC./23146/2018rejected

Jitendra Rai v. The State Of Bihar

2018-05-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23146 of 2018 Arising Out of PS.Case No. -140 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Jitendra Rai, S/o Upendra Rai, R/o Vill.- Mahnar Tarachauri, Ward No. 16, P.S.- Mahnar, District- Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Smt. Rina Sinha, Advocate Mr. Nilkanak Lata, Advocate For the S t a t e : Smt. Anusuiya Jaiswal, APP For the Informant : Mr. Dilip Kumar Roy, Advocate Mr. Arjun Prasad, Advocate Mr. Brajesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.

The petitioner, who is the husband of the deceased, is in custody since 06.01.2017 in connection with Mahnar P.S. Case No.140 of 2016 registered for the offence under Section 304B of the Indian Penal Code, which is pending in the court of the learned A.C.J.M.-VI, Vaishali at Hajipur. Considering the fact that the petitioner has a moral responsibility to protect his wife and that the death, under unnatural circumstances, took place within seven years of the

Patna High Court Cr.Misc. No.23146 of 2018 (4) dt.16-05-2018 2/2 marriage, particularly in connection with the demand of dowry, I am not inclined to grant bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T