Nanhak Rai @ Shiv Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16235 of 2021 Arising Out of PS. Case No.-142 Year-2020 Thana- NAYAGAON District- Saran ====================================================== 1.

NANHAK RAI @ SHIV NATH RAI S/o Late Kailash Rai R/o villageDumari Bujurg, P.S.- Nayagaon, District- Saran at Chapra 2.

Prabhawati Devi W/o Nanhak Rai @ Shiv Nath Rai R/o village- Dumari Bujurg, P.S.- Nayagaon, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2021 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. The petitioners are apprehending their arrest in a case registered under Sections 304(B)/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners caused death of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is no

Patna High Court CR. MISC. No.16235 of 2021(2) dt.06-07-2021 2/3 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in this case. The petitioner No.1 is father-in-law and petitioner No.2 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. A petition has been filed on behalf of the informant in the court below, where he has retracted from his earlier statement made in the F.I.R. Said petition is Annexure 2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, 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 anticipatory bail on their personal bond to the satisfaction of learned Judicial Magistrate, 1st class, Saran at Chapra in connection with Nayagaon P.S. case No.142 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 petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.16235 of 2021(2) dt.06-07-2021 3/3 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