Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27510 of 2018 Arising Out of PS. Case No.-445 Year-2017 Thana- MANER District- Patna ====================================================== Dinesh Rai S/o Mahadeo Rai, R/o Vill.- Brahamchari (Shankarpur), P.S.- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No-1 For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 498A and 302/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim and thereafter committed her murder due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.9.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. The independent witnesses in

Patna High Court Cr.Misc. No.27510 of 2018(4) dt.20-06-2018 2/2 paragraphs 25 and 34 of the case diary have categorically stated that the deceased was suffering from mental ailment for which she was being treated. It is further submitted that in her said mental condition, she went and committed suicide. Hence, no offence under Section 302 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Sessions Judge-VII, Danapur in connection with S.T. No. 133 of 2018 (arising out of Maner P.S. Case No. 445 of 2017).

(Sudhir Singh, J) Pankaj/- U T