Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54812 of 2019 Arising Out of PS. Case No.-107 Year-2016 Thana- RAGHOPUR District- Vaishali ====================================================== ANIL RAI S/o Late Bhekhu Rai R/o village- Hemantpur, P.S.- Raghopur, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsels for the parties.

The petitioner being the husband of the victim is languishing in custody since 3.3.2019 in a case registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

The prosecution case is of killing the daughter of the informant after three years of marriage for non-fulfillment of further dowry demand.

It is submitted by learned counsel for the petitioner that it is admitted case that on 20.8.2016, the informant came to know about the death of her daughter but the complaint was filed on 13.12.2016 which subsequently came to be registered as police case under Section 156(3) of the Cr.P.C. It is further submitted that subsequently, the informant retracted from the initial

Patna High Court CR. MISC. No.54812 of 2019(3) dt.20-11-2019 2/2 version and a petition to that effect was filed before the learned Court below. Co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 5.7.2019 passed in Cr. Misc. No. 29602 of 2019. It is further submitted that the victim was suffering from certain ailment from before but due to flood, she could not be taken to the hospital in time and hence, she died.

Learned APP submits that there is specific accusation against the petitioner.

Considering the delayed lodging of the FIR, the fact that the investigation has already been concluded and the period in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 4th, Vaishali at Hajipur in connection with Raghopur P.S. Case No.107 of 2016.

(Dinesh Kumar Singh, J) anil/- U