MITHLESH RAI @ MITHLESH RAY @ AMLESH KUMAR RAIversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88064 of 2025
                 Arising Out of PS. Case No.-31 Year-2019 Thana- VIDYAPATINAGAR District- Samastipur
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                 MITHLESH RAI @ MITHLESH RAY @ AMLESH KUMAR RAI Son of
                 Suresh Rai Resident of Village - Marwa Gopalpur, P.S.- Vidyapati Nagar,
                 District – Samastipur.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar Sinha
                 For the Opposite Party/s :      Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER
2   09-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Sessions Case No. 668/2025 arising out of Vidyapati Nagar P.S.

                   Case No. 31/2019 registered for the offences punishable under

                   Sections 304B, 201 and 34 of the Indian Penal Code.

                                3. As per prosecution case, petitioner and others are

                   said to have tortured and killed the informant’s daughter due to

                   non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged

                   in the FIR and he has falsely been implicated in this case due to

                   enmity and ulterior motive. The petitioner is languishing in
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          custody since 29.08.2025 and bears no criminal antecedent.

          There is no specific allegation against the petitioner and the

          allegation are general and omnibus in nature. He further submits

          that petitioner is the brother-in-law of the deceased and he is

          living separately from his brother and his wife (deceased). He

          further submits that the petitioner has no say in family affairs of

          the deceased and her husband. He further submits that the

          husband of the deceased has already been acquitted by the

          concerned court vide judgment dated 15.12.2021, as is evident

          from Annexure-P/3 of this petition. He further submits that

          charge sheet has been submitted in this case and there is no

          likelihood of tampering with the prosecution evidence. On

          similar and identical allegation co-accused Suresh Ray @

          Suresh Rai has already been granted bail by the co-ordinate

          Bench of this Court vide Cr. Misc. No.58024/2024 and on the

          principle of parity the petitioner also deserves same treatment.

                       5. The learned A.P.P. for the State vehemently

          opposed the prayer for bail of the petitioner and submitted that

          participation in the alleged occurrence of the petitioner cannot

          be ruled out.

                       6. Considering the facts and circumstances of the

          case, period of custody, on similar and identical allegation co-
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          accused has already been granted bail, petitioner has no say in

          family affairs of the deceased her husband, charge sheet has

          already been submitted in this case and there is no likelihood of

          tampering with the prosecution evidence and keeping in view

          clean antecedent of petitioner, argument advanced on behalf of

          both sides and also taking into consideration the material

          available on record, let the petitioner above named be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge,

          1st, Samastipur in Sessions Case No. 668/2025 arising out of

          Vidyapati Nagar P.S. Case No. 31/2019, subject to following

          conditions:-

                       (i) One of the bailors shall be either father or mother

          or sister or brother or wife or the person who has sworn the

          affidavit in bail application.

                       (ii) Petitioner will co-operate in trial and will remain

          present on all dates till disposal of the case and absence for a

          single date without appropriate permission, would be a ground

          for cancellation of bail by the learned Trial court itself.

                       (iii) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
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                    for cancellation of bail.


                                            (Alok Kumar Pandey, J)

Amitkumar/-

U     T