Inkishore Rai @ Indra Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78653 of 2019 Arising Out of PS. Case No.-356 Year-2017 Thana- DHAKA District- East Champaran ====================================================== INKISHORE RAI @ INDRA KISHOR RAI Son of Mosafir Rai Resident of Village - Shyam Bakhari, P.S.- Dhaka, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dhaka PS case no. 356 of 2017 instituted for the offence punishable under Sections 304(B)/34 of Indian Penal Code. The case of the prosecution is that the informant had married his daughter Pratima Kumari on 20.06.2016 with the petitioner, however after 2-3 months, when the daughter of the informant had come to her parents, the petitioner herein and his family members started demanding a Glamour motorcycle and thereafter, had taken the daughter of the informant to her matrimonial home and at that time, the informant is stated to have given one buffalo and a sum of Rs. 50, 000/- in cash. Subsequently, on 20.10.2017, the informant got information in

Patna High Court CR. MISC. No.78653 of 2019(2) dt.03-12-2019 2/3 the evening that the accused persons including the petitioner have killed her daughter, whereupon the informant is stated to have gone to the village of the petitioner herein and found that her daughter was lying dead on the bed. Thus, the allegation is regarding the deceased- victim lady having been killed by the petitioner i.e. the husband of the deceased- victim lady and other family members on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and the deceased- victim lady had died on account of illness, whereafter her dead body was cremated with the consent of the informant, nonetheless, the connected case has been filed by the informant with oblique motive. Lastly, it is submitted that the petitioner is languishing in custody since 23.11.2017.

I have heard the learned counsel for the parties and I find that there is direct allegation of the petitioner having killed his wife on account of non-fulfilment of the demand for dowry and the petitioner is the husband of the deceased-victim

Patna High Court CR. MISC. No.78653 of 2019(2) dt.03-12-2019 3/3 lady, Hence I do not find any merit in the present petition, thus the same is dismissed.

(Mohit Kumar Shah, J) rinkee/- U T