Allowed

Rajesh Raut v. The State Of Bihar

Patna HC12 Jul 2013CR. MISC./7701/2013

Case brief

AI extract

What is this about?

Hon'ble Justice Dinesh Kumar Singh granted bail to Rajesh Raut, a father held in custody for a Section 304(B) dowry death charge. The High Court noted evidence gaps regarding actual marriage dates versus prosecution claims, casting doubt on the medical report's reliability and suggesting suicide.

What did the court decide?

Petitioner released on bail furnishing bond Rs.10,000 with two sureties of like amount to Subdivisional Judicial Magistrate, Sikrahana.

Rajesh Raut Vs The State Of Bihar — Cheque Dishonour | Patna HC (2013)

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Patna High Court Cr.Misc. No.7701 of 2013 (6) dt.12-07-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7701 of 2013 ====================================================== 1. Rajesh Raut S/O Upendra Raut Resident Of Village- Harbolwa, P.S.Chiraiya, Distt.- East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 6 12-07-2013 Heard learned counsel for the petitioner, the informant and the State. The petitioner being the husband of the victim lady is languishing in custody since 02.11.2012 in a case registered for the offences punishable under sections 304(B)/34 of the Indian Penal Code.

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The accusation is of killing the niece of the informant after six years of marriage for non fulfillment of dowry demand.

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It is submitted by the learned counsel for the petitioner that the first child was born on 25.12.2005 which apparently suggests that the marriage was performed more than seven years prior to the occurrence when the medical report

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Patna High Court Cr.Misc. No.7701 of 2013 (6) dt.12-07-2013

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suggests that the victim lady committed suicide.

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It is submitted by the learned counsel for the informant that the first information report suggests that the marriage was performed six years back when the chargesheet has been submitted by the police under section 304(B) of the Indian Penal Code.

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Considering the fact that no investigation was done with regard to the actual date of marriage when the claim of the prosecution is that the marriage was performed within seven years which creates doubt on the medical report in view of the birth certificate of the child, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Sikrahana at Motihari in connection with Chiraiya P.S. Case No. 250 of 2012.

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(Dinesh Kumar Singh, J)

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Amin/-

Rajesh Raut v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Raut v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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