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Patna High CourtCR. MISC./46491/2016bail granted

Deepak Ray @ Deepak Rai v. The State Of Bihar

2017-08-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46491 of 2016 Arising Out of PS.Case No. -182 Year- 2015 Thana -SIMRI District- BUXAR ====================================================== Deepak Ray @ Deepak Rai Son of Kedar Nath Ray Resident of VillageSimri (Dhdhipatti), P.S.-Simri, District-Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 09.08.2017 Heard learned counsels for the petitioner and Mr. J.N. Thakur, learned counsel for the State. The petitioner being the husband of the victim has renewed the prayer for bail in a case registered for the offences punishable under Sections 498A, 304B and 201/34 of the Indian Penal Code.

The prosecution case is of killing the sister of the informant within three years of marriage for non-fulfillment of dowry demands.

It is submitted by learned counsel for the petitioner that the victim died a natural death, as she was suffering from abdominal pain and she died while being taken to hospital, thereafter her dead body was cremated. It is further submitted that the demand of dowry after three years of the marriage, appears to

Patna High Court Cr.Misc. No.46491 of 2016 (3) dt.09-08-2017 2/2 be unreasonable.

The report of learned Incharge Additional Chief Judicial Magistrate-IV, Buxar dated 12.07.2017 reflects that since investigation with regard to the co-accused is still pending, hence, the case has not been committed to the Court of Sessions. Considering the report of the learned court below it does not appear that the trial is likely to be concluded in near future. Hence, keeping in view the fact that the petitioner is languishing in custody since 26.09.2015 and it is submitted by learned counsel for the petitioner that the petitioner undertakes to regularly appear before the leaned court below, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Buxar in connection with Semri P.S. Case No. 182 of 2015.

The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.

DKS/- (Dinesh Kumar Singh, J) U T