Bihari Rai @ Bihari Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17591 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.
Bihari Rai @ Bihari Kumar Rai S/O KAMLESH RAI R/O VILLAGEJAGANIYA, PS.- GAIGHAT (BENIBAD O.P.), DIST.- MUZAFFARPUR. 2.
RENU DEVI W/O BIHARI RAI R/O VILLAGE- JAGANIYA, PS.- GAIGHAT (BENIBAD O.P.), DIST.- MUZAFFARPUR.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 201 and 120B of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that petitioners are elder brother-in-law and sister-in-law (gotni of the deceased). It is next submitted that informant alleges that his daughter was married to Santosh in the year 2018 and after marriage, the accused persons were
Patna High Court CR. MISC. No.17591 of 2024(2) dt.27-03-2024 2/3 demanding dowry and for non-fulfillment of the demand as detailed in the FIR, she was killed and her body was made to disappear.
4. The learned counsel for the petitioners next submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the husband of the deceased has not been made an accused, but the entire family members of the husband of the deceased have been implicated which amply demonstrates that the FIR has been instituted for some ulterior reason. It is next submitted that petitioners were separate in mess and property from the husband of the deceased and were not involved in day to day affairs of the deceased and her husband.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gaighat
Patna High Court CR. MISC. No.17591 of 2024(2) dt.27-03-2024 3/3 P.S. Case No. 335 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T