← Library
Patna High CourtCR. MISC./70396/2022allowed

Sunil Rai @ Sunil Kumar v. The State Of Bihar

2023-08-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70396 of 2022 Arising Out of PS. Case No.-201 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Sunil Rai @ Sunil Kumar Son of Ajab Ray R/O Village- Chhapra, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304B, 342 & 201/34 of the Indian Penal Code.

3. The petitioner along with other co-accused is said to have killed the grand daughter of the informant on non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that petitioner is the husband of the deceased and grandson-in-law of the informant. It is further submitted that the granddaughter of the informant died due to illness and after realizing his mistake a compromise petition was filed before the learned

Patna High Court CR. MISC. No.70396 of 2022(6) dt.21-08-2023 2/3 Court below, which is also on record as Annexure-2. It is further submitted that the petitioner solemnized marriage with the second granddaughter of the informant and living happy conjugal life. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. By order dated 24.07.2023, learned counsel for the petitioner was directed to file 2nd supplementary affidavit bringing on record the date of death of the deceased as also the death certificate, if available. It was also directed that the said supplementary affidavit must be sworn by 2nd wife of petitioner.

7. In compliance thereof, 2nd supplementary affidavit has been filed and is on record being sworn by the second wife of the petitioner.

8. Having regard to the facts and circumstances of the case, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection

Patna High Court CR. MISC. No.70396 of 2022(6) dt.21-08-2023 3/3 with Minapur P.S. Case No. 201 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T