Nageshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65122 of 2019 Arising Out of PS. Case No.-244 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

NAGESHWAR RAI Son of Late Gauri Rai Resident of Village- Alampur, P.S.- Vidyapatinagar, District- Samastipur.

2.

Ranjeet Kumar Rai @ Ranjeet kumar Son of Nageshwar Rai Resident of Village- Alampur, P.S.- Vidyapatinagar, 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.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.65122 of 2019(6) dt.05-06-2020 2/3 It has been submitted on behalf of the petitioners that the petitioners are in custody since 16.08.2017 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is father-inlaw and and petitioner no. 2 is brother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence. Other co-accused has been granted bail vide order dated 01.06.2020 passed in Cr. Misc. No. 7665 of 2019. On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, are directed to be released on bail on their personal bonds to the satisfaction of learned Additional District & Sessions Judge, Dalsingsarai, Samastipur in connection with Sessions Trial No. 809 of 2017 arising out of Dalsinghsarai P.S. Case No. 244 of 2017.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.65122 of 2019(6) dt.05-06-2020 3/3 two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T