Junarbi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70519 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- BHELDI District- Saran ====================================================== JUNARBI RAI SON OF LATE KANHAI RAY RESIDENT OF VILLAGE BASAUTA PS BHELDI DISTRICT SARAN AT CHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 330 of 2020, arising out of Bheldi Police Station Case No. 08 of 2020, registered for the offences punishable under Sections 304-B/201/34 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 08.01.2021, passed in Criminal Misc. No. 28597 of 2020, giving liberty to the petitioner to renew his prayer for bail after nine months from the date of the order, if the trial does not show any progress.

Patna High Court CR. MISC. No.70519 of 2021(2) dt.22-12-2021 2/3 The allegation, as per the First Information Report, is that the daughter of the informant (now deceased) was married to co-accused Sunil Rai about four years back and the petitioner, who is the father-in-law of the deceased, along with other accused persons, used to demand one motorcycle as dowry and due to non-fulfillment of the said demand, the petitioner and others tortured the deceased. It has further been alleged that on 05.01.2020, the informant got information that his daughter has committed suicide and when he arrived at the matrimonial home of his daughter, he found that all accused persons had fled away from their house. The informant has claimed that the deceased has been killed and her dead body has been disposed of clandestinely.

Learned Counsel for the petitioner submits that the petitioner is the father-in-law of the deceased, aged about 81 years, and he is in custody since 04.02.2020. He further submits that the trial has not progressed properly and uptill now, only the case has been committed to the Court of Sessions and charges have also not been framed.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials available on record and the fact that the petitioner is the father-

Patna High Court CR. MISC. No.70519 of 2021(2) dt.22-12-2021 3/3 in-law of the deceased and is very old person, the trial is not likely to be concluded in near future, he is in custody since 04.02.2020 and this is second attempt on behalf lof the petitioner for grant of bail, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, Junarbi Rai, be released on bail, after framing of charge, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 12th Additional Sessions Judge, Saran, at Chapra, in connection with Sessions Trial No. 330 of 2020, arising out of Bheldi Police Station Case No. 08 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √