Rajnandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41991 of 2018 Arising Out of PS.Case No. -474 Year- 2016 Thana -MASAURHI District- PATNA ======================================================

1. Rajnandan Rai, aged about 27 Years, S/o Chana Rai, R/o Vill.- Bairiya, Sampatchak, P.S.- Gopalpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Masaurhi P.S. Case No. 474/2016, instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act.

The petitioner is husband of deceased. In the written report, it is alleged that daughter of informant was married with this petitioner in the year 2014. After marriage, she was tortured in her Sasural for non-fulfillment of demand of dowry. In this regard his daughter had filed a case in Mahila P.S., Patna. It is alleged that about one year fifteen days ago, the informant had sent his daughter to her Sasural and ten days ago he learnt that his

Patna High Court Cr.Misc. No.41991 of 2018 (3) dt.26-09-2018 2/2 daughter had been killed. She was not available in her Sasural. The informant enquired from the petitioner and other accused persons but they did not give any reply and drove him by abusing and threw him on the ground. Later on, the informant learnt that a dead body was lying at Gaya Badhar. The informant identified the dead body of his daughter and thereafter lodged the case. Case diary has been received in this case.

Learned Additional P.P. has submitted that in the postmortem report, the doctor has found cause of death due to asphyxia on account of strangulation.

Considering the fact that petitioner is husband of the deceased and there is specific allegation against him of killing the daughter of informant and concealing her dead body, this Court is not inclined to grant bail to him. Accordingly, prayer for bail of the petitioner is rejected at this stage.

(Sanjay Priya, J.) Rakhi U T