Jagdish Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.26180 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26180 of 2015 Arising Out of PS.Case No. -88 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Jagdish Rai Son of Late Ram Dayal Rai

2. Dewanti Devi Wife of Jagdish Rai Both are resident of village - Makhdumganj, P.S. Chapra Muffasil, District - Saran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Section 304(B) and 201/34 of the Indian Penal Code.

It is alleged by the informant that the marriage was solemnized in the year 2007 i.e., beyond seven years. There is allegation of dowry demand torture for the same and ultimately committed death of deceased by the accused persons within seven years of marriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It has also been submitted that the petitioner no.1 is the father-in-law and petitioner no.2 is the mother-in-law of the deceased. The

Patna High Court Cr.Misc. No.26180 of 2015 (3) dt.22-09-2015 petitioners are separate in mess and property from the husband of the deceased. They have been implicated in the present case due to mistake of fact.

It has been submitted on behalf of the State that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran in connection with Chapra Mufassil P.S.Case No.88 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T