Upendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.947 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== Upendra Rai S/o Late Dhola Ray R/vill-Narha Kala, P.S-Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Abhay Kumar - 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Bajpatti P.S.Case No. 141 of 2018, registered for offences punishable under Section 304 (B) of the Indian Penal Code. As per F.I.R., allegation against the petitioner, who happens to be the father-in-law of the deceased, is of subjecting torture with cruelty due to non fulfillment of demand of dowry and killed by the petitioner along with other in-laws. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and there is general and omnibus allegation against the petitioner and at the time of occurrence no any in-laws family members of the deceased was present and the deceased had committed suicide. It is further submitted that the petitioner has no any criminal

Patna High Court Cr.Misc. No.947 of 2019(3) dt.31-01-2019 2/2 antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Bajpatti P.S.Case No. 141 of 2018, to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T