Ram Kishore @ Ram Kishore Rai @ Raj Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81878 of 2019 Arising Out of PS. Case No.-686 Year-2018 Thana- MANER District- Patna ====================================================== RAM KISHORE @ RAM KISHORE RAI @ RAJ KISHORE RAI S/o Mahendra Rai @ Mahendra Ray R/o- Nagwa, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Petitioner is the husband of the victim of dowry death. Submission of the learned counsel for the petitioner is that the informant who is father of the victim girl has filed a petition before the Magistrate that the daughter of the informant died of illness by taking overdose medicine and there was no demand of dowry and torture for the same. He further

Patna High Court CR. MISC. No. 81878 of 2019(3) dt.27-05-2020 2/3 submits that the post mortem report would also reveal that the cause of death was unascertainable on the basis of observation made by the doctor. Petitioner is in custody since 16.09.2019. There is no chance of conclusion of trial in near future due to on-going lock-down.

Considering the entire facts aforesaid, especially the fate of trial after petition by the informant, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Maner P.S. Case No. 686 of 2018 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed

Patna High Court CR. MISC. No. 81878 of 2019(3) dt.27-05-2020 3/3 only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) mantreshwar/- U T