Patna High CourtCR. MISC./12462/2017bail granted

Ashok Rai v. The State Of Bihar

2017-03-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12462 of 2017 Arising Out of PS.Case No. -391 Year- 2016 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Ashok Rai Son of Roop Lal Rai, Resident of Village-Rauja Pokhra, P.S.- Chapra Town, District-Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-03-2017 Heard both sides.

The petitioner seeks bail in Chapra Town P.S. Case No. 391/2016, registered for the offences punishable under Sections 498A, 307 and 34 of the Indian Penal Code. Later on Section 304B was added.

Parshuram Rai, father of the deceased alleged that his daughter was married to Dhupan Rai in the year 2009, but her husband, father-in-law, mother-in-law and brothers-in-law were torturing his daughter. He got information that his daughter was burnt to death.

Learned counsel for the petitioner submits that the petitioner is brother-in-law of the deceased. The deceased got accidental fire and her in-laws took her hospital for treatment. The

Patna High Court Cr.Misc. No.12462 of 2017 (2) dt.22-03-2017 2/2 petitioner is living separately from the husband of the deceased. Roop Lal Rai, father-in-law of the deceased has already been enlarged on bail vide order passed in Cr. Misc. No. 52063/2016. The case of the petitioner stands on same footing. Learned Additional P.P. opposed the prayer for bail. It appears that the petitioner is brother-in-law of the deceased and no specific allegation is made against the petitioner in the entire FIR. The deceased died after eight years of her marriage.

Considering the facts aforesaid and the fact that the father-in-law of the deceased has already been enlarged on bail and the petitioner is brother-in-law of the deceased who was living separately from the husband of the deceased, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 391/2016.

(Prabhat Kumar Jha, J.) Rakhi U T