Brij Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33423 of 2018 Arising Out of PS. Case No.-251 Year-2017 Thana- CHIRAIYA District- East Champaran ====================================================== Brij Kishor Rai, S/o Ramayan Rai, resident of Village- Bhadhar, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Chiraiya P.S. Case No.251 of 2017 registered under Sections 304-B and 201/34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate, Sikarahna at Dhaka, East Champaran.

The accusation is of torturing the deceased, the daughter of the informant, by her husband (petitioner) and other in-laws for non fulfillment of demand of gold chain in dowry and also to kill her by pressing her neck and to dispose of her dead body.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.33423 of 2018(5) dt.02-08-2018 2/2 submits that the petitioner is the husband of the deceased, the daughter of the informant, and due to hot exchange of words in between the petitioner and the deceased, the deceased committed suicide. Thereafter, the information was given to the informant regarding the same but due to not reaching of the informant in time, the dead body of the deceased was cremated. Further submission is that the petitioner is in custody since 29.08.2017.

Admittedly, the petitioner is the husband of the deceased, the daughter of the informant, who died within seven years of her marriage at her matrimonial house and her dead body was also disposed of without reaching of her parents. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T