Nitesh Rai @ Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66906 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== NITESH RAI @ NITESH KUMAR Son of Arun Rai @ Anil Rai Resident of Village - Sokahara, P.S.- Fulwaria, Distt - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shree Niwas Singh For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Prosecution case as lodged by the informant is that his daughter's marriage has been solemnized with Jyoti Singh and after some time of marriage, her husband and in laws started harassing due to non-fulfillment of demand of dowry and due to non-fulfillment of demand of dowry, she has been killed by her husband and in-laws and disposed of her body. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.66906 of 2019(3) dt.04-12-2019 2/3 case due to ill motive of the informant. It is further stated that the petitioner is the brother-in-law (nandosi) of the deceased and he has no concern with the family of the deceased. It is also stated that nothing was demanded by the petitioner and the petitioner has never harassed the deceased. He submits that petitioner bears no criminal antecedent and he is in judicial custody since 07.06.2019. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. Learned counsel for the informant submits that in the case diary of paras 6, 7, 8, 9, 10, 44, 45, 46 and 51 witnesses have fully supported the prosecution story as alleged.
At para 50 of the case diary statement of witness Umakant Singh is mentioned wherein he has stated that on the night of 03.06.2019 at about 8.30PM, he had heard weeping sound of the daughter of the informant and two motorcycles were parked near her house and after 9 PM the crying sound of daughter of the informant sopped and after some time he saw the petitioner and other persons taking away the daughter of the informant on motorcycle towards the bank of river Ganges.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.66906 of 2019(3) dt.04-12-2019 3/3 bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra Police Station Case No. 209 of 2019.
(Anjani Kumar Sharan, J) devendra/- U T