Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9612 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Manoj Rai Son Of Mr. Jay Karan Ray R/O Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur 2.

Chunchun Devi Wife Of Mr. Manoj Rai R/O Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur 3.

Subodh Rai Son Of Mr. Jay Karan Ray R/O Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur 4.

Munchun Devi Wife Of Mr. Subodh Rai R/O Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur 5.

Awadhesh Kumar Son Of Mr. Jay Karan Ray R/O Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur 6.

Munchun Kumari Wife Of Mr. Awadhesh Kumar R/O Village- Mohanpur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498A, 304(B), 120(B), 201 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioners is that due to nonfulfillment of dowry demand, they have killed the sister of the

Patna High Court CR. MISC. No.9612 of 2023(2) dt.20-04-2023 2/3 informant by administering poison and after her death her dead body was cremated.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. She submits that the petitioner are brothers-in-law and sisters-in-law of the deceased. She submits that there is no specific allegation against the petitioners. She submits that the husband of the deceased is already in judicial custody, as mentioned in para-21 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the informant oppose prayer for anticipatory bail and submit that the petitioners are also involved in the present case.

Considering the facts and circumstances of the case and the fact that the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.9612 of 2023(2) dt.20-04-2023 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Minapur P.S. Case No. 221 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T