Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37720 of 2015 Arising Out of PS.Case No. -179 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Rakesh Rai Son of Sipahi Rai resident of village - Mahya Malpur, P.S. Patepur, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Kalayan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the brother of the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Section 304B of the Indian Penal Code.

The accusation is of killing the daughter of the informant by administering poison.

It is submitted by learned counsel for the petitioner that as per own admission of the informant the marriage was performed in 2002 when she died on 05.12.2014, hence, the case does not come within the purview of section 304B IPC. The accusation is omnibus and general against entire

Patna High Court Cr.Misc. No.37720 of 2015 (2) dt.17-09-2015 2/2 in-laws family.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 179 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T