Patna High CourtCR. MISC./51973/2018bail granted

Ragho Rai v. The State Of Bihar

2018-11-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51973 of 2018 Arising Out of PS. Case No.-115 Year-2016 Thana- RAJEPUR District- East Champaran ====================================================== Ragho Rai, S/o- Jagdish Rai, resident of Village- Parsauniya, P.S. Rajepur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate, Mr. Dhananjay Kumar, Advocate, Mr. Prakash Chandra, Advocate For the Opposite Party/s :

Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rajepur P.S. Case No. 115 of 2016 ( G.R. No. 4532 of 2016) registered for the offences punishable under Sections 328, 302, 120 (B) of the Indian Penal Code. Informant who is brother of the deceased has alleged that on 12.03.2016 his brother-in-law (petitioner) came to his house and assaulted his sister (deceased) and forcibly took his sister and intoxicated her. After receiving information he went to the house of his brother-in-law where he saw his sister lying in the courtyard and took her for treatment at M.C.H., Muzaffarpur where doctor declared her dead.

Patna High Court Cr.Misc. No.51973 of 2018(3) dt.05-11-2018 2/2 It has been submitted that petitioner is innocent and has been falsely implicated in this case. Petitioner is the husband of deceased. She committed suicide by taking poison. During investigation neighbourhood witnesses stated that deceased had herself consumed poison. S.D.P.O. also in supervision report has found case to be true U/s. 306 of the Indian Penal Code. Petitioner has no criminal antecedent and is in custody since 06.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, in connection with Rajepur P.S. Case No. 115 of 2016 (G.R. No. 4532 of 2016).

(S. Kumar, J) Rajiv/- U T