Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67225 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- TARIYANI CHAPRA PS District- Sheohar ====================================================== Dharmendra Rai, Son Of Sri Nautun Rai, Resident of At Village Kumhrar Ps Tariyani Chapra District Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tariyani Chhapra P.S. Case No.07/2023, lodged on 01.02.2023 under Sections 304B, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 9 named and 5-6 unknown accused person including the petitioner with an allegation of killing the daughter of the informant for non-fulfillment of dowry demand by them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the brother-in-law of the victim (bhaisur) and claims to reside separately from the deceased. There is no

Patna High Court CR. MISC. No.67225 of 2023(2) dt.17-10-2023 2/3 specific accusation against the petitioner rather the accusation is omnibus and general against all the accused person including the petitioner. The husband of the victim is in custody. He further submits that the antecedent of the petitioner is clean and he is in custody since 31.05.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Sheohar in connection with Tariyani Chhapra P.S. Case No.07/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.67225 of 2023(2) dt.17-10-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T