Patna High CourtCR. MISC./13612/2021disposed

Sash Rai @ Sesh Rai @ Seshnath Rai v. The State Of Bihar

2021-07-29Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13612 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

SASH RAI @ SESH RAI @ SESHNATH RAI SON OF LATE DUKHAN RAI R/o village- Mohaddipur, P.S.- Chairaiya, District- East Champaran 2.

Sri Rai @ Sriram Rai S/o Late Dukhan Rai R/o village- Mohaddipur, P.S.- Chairaiya, District- East Champaran 3.

Daroga Rai S/o Late Dukhan Rai R/o village- Mohaddipur, P.S.- Chairaiya, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Further, counsel for the petitioners is directed to make necessary correction in paragraph 8 of the bail application. Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioners No.1 and 2, as the petitioners No.1 and 2 have been taken into judicial custody.

Patna High Court CR. MISC. No.13612 of 2021(2) dt.29-07-2021 2/3 Permission is accorded.

The application filed on behalf of petitioners No.1 and 2 is dismissed as withdrawn.

The petitioner No.3 is apprehending his arrest in a case registered under Sections 304(B)/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner No.3 caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner No.3 that the petitioner No.3 has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner No.3. The petitioner No.3 has falsely been implicated in this case. The petitioner No.3 is cousin father-in-law of the deceased. He is separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. On behalf of the State, it is submitted that the petitioner No.3 is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner No.3, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on

Patna High Court CR. MISC. No.13612 of 2021(2) dt.29-07-2021 3/3 anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M., Sikrahana at Dhaka, District Motihari, East Champaran in connection with Chiraiya P.S. case No.109 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner No.3 shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T