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Patna High CourtCR. MISC./56734/2025bail granted

Shambhu Rai @ Shambhu Ray v. The State Of Bihar

2025-09-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56734 of 2025 Arising Out of PS. Case No.-217 Year-2023 Thana- DEWARIA District- Muzaffarpur ====================================================== Shambhu Rai @ Shambhu Ray son of Kisun Ray Village -Dharphari ps -Deoriya District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brahmaputra Singh Ishu, Advocate Ms. Poonam Kumari, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard Mr. Brahmaputra Singh Ishu, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Deoriya P.S. Case No. 217 of 2023, instituted for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons have tortured and harassed daughter of the informant for non-fulfillment of dowry demand of Rs. 1 lakh and, ultimately, killed and disappeared her body.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case as

Patna High Court CR. MISC. No.56734 of 2025(3) dt.18-09-2025 2/3 also Charge has already been framed against the petitioner. Learned counsel for the petitioner also submits that the petitioner is the husband of the deceased. The petitioner has got no knowledge as to how his wife died because he works as a labour in Pune. It is next submitted that the deceased has committed suicide and the allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 22.09.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other coaccused has been granted regular bail by this Court vide order dated 25.04.2025 passed in Cr. Misc. No. 7728 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deoriya P.S. Case No. 217 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.56734 of 2025(3) dt.18-09-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T