Rambali Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67471 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Rambali Rai S/o Harinandan Rai Resident of Village-Chotahi,P.S. Riga,Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Sinha, Sr.

Advocate.

For the Opposite Party/s :

Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Riga P. S. Case No.120 of 2018 instituted for the offence under Section 304B/34 of the Indian Penal Code and Section 3/4 of D.P. Act. Petitioner is husband of the deceased.

In the written it is alleged that deceased was married with this petitioner six years back. She was tortured in her sasural for demand of dowry. The niece of the informant used to inform the informant about the torture being committed by this petitioner and other family members. The informant got information in the night of 22.4.2018 that his niece has been killed by the accused persons in the sasural for non fulfillment

Patna High Court Cr.Misc. No.67471 of 2018(3) dt.11-12-2018 2/3 of demand of dowry and her dead body has been disposed of by the accused persons with the help of local Mukhiya and villagers.

Learned counsel for the petitioner submits that witnesses in para 28 and onwards have stated that marriage has taken place about 13 to 14 years back. Witnesses have further stated that victim died while she was being taken to hospital for treatment. Those statement has been made after two months of the alleged occurrence. In earlier paragraph witnesses have stated about the commission of torture committed by this petitioner for demand of dowry.

Learned counsel for the State has submitted that no postmortem of the dead body was performed and there is no any material in the case diary to show that any further treatment of the deceased was done.

In such circumstances deceased died under suspicious circumstances and the dead body has been disposed of without giving information to the family members of the deceased.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Patna High Court Cr.Misc. No.67471 of 2018(3) dt.11-12-2018 3/3 Trial Court is directed to expedite the trial. (Sanjay Priya, J) shyambihari/- U T