Yogendra Prasad Rai @ Jogendra Rai @ Yogendra Prasad Ray @ Jogendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1104 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- KADWA District- Katihar ====================================================== Yogendra Prasad Rai @ Jogendra Rai @ Yogendra Prasad Ray @ Jogendra Ray, son of Dhodhai Rai, Resident of Village- Kumhri, Police StationKadwa, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeeva Roy For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kadwa P.S. Case No. 315/18 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Informant is mother of the deceased who in her fardbeyan has stated that her daughter Khushbu Devi was married with Mithilesh Mandal and after living 8-10 days in her matrimonial house, she came back and fled away with Pappu Rai (son of the petitioner) and married with him. It has further been alleged that petitioner did not permit her to live in his house and subsequently, she committed suicide at a different place out of mental agony.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.1104 of 2019(3) dt.20-02-2019 2/3 he is innocent and has been falsely implicated in this case and he had nothing to do with the relation of the deceased with her husband as they are residing separately and is not responsible in any manner of deceased committing suicide. Petitioner has no criminal antecedent and he is in custody since 10.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Kadwa P.S. Case No. 315/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.1104 of 2019(3) dt.20-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T