Manish Kumar Rai @ Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45669 of 2015 (2) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45669 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -PATORI District- SAMASTIPUR ====================================================== MANISH KUMAR RAI @ MANISH KUMAR, SON OF VIRENDRA PRASAD RAI @ VIRENDRA RAI, RESIDENT OF VILLAGE - NORTH DHAMAUN, P.S. PATORY, DISTRICT - SAMASTIPUR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Patory P.S. Case No. 90 of 2014 registered under Section 304B/34 of the Indian Penal Code.

The accusation is of killing of Kajal Kumari, daughter of informant, due to non-fulfillment of demand of dowry by her in-laws after one year of marriage.

Learned counsel for the petitioner submits that due to pre-mature death of the husband of daughter of informant, her pregnancy got terminated due to shock, on which, she committed suicide but due to ulterior motive the present false case has

Patna High Court Cr.Misc. No.45669 of 2015 (2) dt.15-10-2015 lodged. It is further submitted that petitioner is the brother-in-law of the deceased and co-accused, Virendra Prasad Rai @ Birendra Rai, who is the father of this petitioner, has already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 09.09.20105 passed in Criminal Misc. No. 36411 of 2015. Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Patory P.S. Case No. 90 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T