Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87627 of 2024 Arising Out of PS. Case No.-405 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Kameshwar Rai S/o Late Ramnandan Rai R/o Vill- Gopalpur, P.S.-Bidupur, District- Vaishali.

2.

Pramod Rai @ Parmod Rai S/o Kameshwar Rai R/o Vill- Gopalpur, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP For the Informant :

Mr. Manoj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 In compliance of the order dated 07.03.2025, the Investigating Officer of the present case is present in the Court in person along with xerox copy of the complete case diary and post-mortem report.

2. Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Perused the case diary.

3. The petitioners seek bail in connection with Bidupur P.S. Case No. 405 of 2024 instituted for the offences under Sections 80, 3(5) of the BNS.

4. Prosecution story, in short, is that the petitioners along with other family members have killed deceased of the

Patna High Court CR. MISC. No.87627 of 2024(5) dt.07-04-2025 2/3 informant for non-fulfillment of demand of dowry.

5. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Petitioner no.1 is the father-in-law and petitioner no.2 is the brother-in-law of the deceased. There is general and omnibus allegation against these petitioners. Learned counsel further submitted that there is no specific allegation of demand of dowry from these petitioners. The husband of the deceased is already in custody. It has been submitted on behalf of the petitioners that the petitioners are in custody since 27.07.2024. and have no criminal antecedent.

6. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioners.

7. Considering the aforesaid facts and circumstances of the case, no direct allegation against the petitioners as also the husband of the deceased is already in custody and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

8. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.87627 of 2024(5) dt.07-04-2025 3/3 below/concerned Court in connection with Bidupur P.S. Case No. 405 of 2024.

9. The personal appearance of the Investigating Officer concerned is, hereby, dispensed with. (Rudra Prakash Mishra, J) Alok Verma/- U T