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Patna High CourtCR. MISC./88064/2024bail granted

Mukeshwar Rajbhar @ Mukeshar Ray v. The State Of Bihar

2025-03-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88064 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Mukeshwar Rajbhar @ Mukeshar Ray S/o Late Chandrama Rajbhar R/o vill - Mainpura, P.s. - Revilganj, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Revilganj P.S. Case No. 212 of 2024 instituted for the offences under Sections 80(2), 3(5) of the BNS.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.88064 of 2024(3) dt.22-03-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is the father-in-law of the deceased. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that as per post-mortem report, cause of death is asphyxia due to throttling.

6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation against the petitioner and the husband of the deceased already being in custody as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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

Patna High Court CR. MISC. No.88064 of 2024(3) dt.22-03-2025 3/3 below/concerned Court in connection with Revilganj P.S. Case No. 212 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T