Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54576 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- BYPASS District- Patna ====================================================== NIRAJ KUMAR Son of Umesh Mehta Resident of Mohalla-Bahari Begampur, Mandaipar, P.S.-Bypass, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP For the Informant :

Mr. Subodh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bypass P.S. Case No. 131 of 2019 registered under Sections 498A, 304B and 34 of the Indian Penal Code.

The accusation is of killing of daughter of the informant by her husband and in-laws due to non-fulfillment of demand of dowry.

Submission is that petitioner is brother-in-law of the deceased and he has been implicated in this case with general allegation of torturing the deceased-daughter of the informant for non-fulfillment of demand of dowry. Further, submission is that it has also come in the statements of the witnesses in

Patna High Court CR. MISC. No.54576 of 2019(3) dt.20-11-2019 2/2 paragraphs 23 and 24 of the case diary that this petitioner is not in full understanding and on the date of occurrence she was not at the house. More so, Dhiraj Kumar and Asha Devi, the husband and the mother-in-law of the deceased, are already in custody.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bypass P.S. Case No. 131 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T