Dina Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78170 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.
DINA RAY SON OF NEMAN RAY RESIDENT OF VILLAGE- INFRONT GALI OF KUMAR PATROL PUMP, DIDARGANJ, P. S.- DIDARGANJ, DIST.- PATNA 2.
DEEPAK KUMAR SON OF DINA RAY RESIDENT OF VILLAGE- INFRONT GALI OF KUMAR PATROL PUMP, DIDARGANJ, P. S.- DIDARGANJ, DIST.- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-02-2025 Heard learned counsel for the petitioners as well as learned APP for the State.
2. In this case, the petitioners are seeking regular bail in connection with Didarganj P.S. Case No. 97 of 2024, registered for the offences punishable under Sections 304(B)/34 of the IPC.
3. As per allegation, the marriage of the informant's daughter was solemnized with co-accused Dilip Kumar. The customary presents were given at the occasion of marriage but the matrimonial inmates were not satisfied. On 10.03.2024, at about 1 A.M., the informant got an information from one
Patna High Court CR. MISC. No.78170 of 2024(2) dt.13-02-2025 2/3 Harendra Rai that the accused persons including the petitioners had committed dowry death of the deceased. After receiving that information, he rushed to the matrimonial house of the deceased but no one was present there. Then, he went to Maa Shitala Nursing Home and found the dead body of his daughter, lying on bed.
4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. They are the persons of clean antecedent. The FIR itself shows that the deceased died in course of treatment and this fact denotes the conduct of the inmates as the matrimonial inmates themselves had got the deceased treated and thus shows their innocence. The petitioners are under custody since 16.03.2024. He has also submitted that on exactly similar footing, mother-in-law (co-accused) of the deceased namely Shobha Devi has been granted regular bail by this Court vide order dated 27.08.2024 in Cr. Misc. No. 57635 of 2024.
5. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.78170 of 2024(2) dt.13-02-2025 3/3 Judicial Magistrate, 1st Class, Patna City, Patna in connection with Didarganj P.S. Case No. 97 of 2024, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(ii) The petitioners shall remain present physically on each and every date before the court below till framing of the charges. In case of failure on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioners.
(Nawneet Kumar Pandey, J) kundan/- U T