Upendra Kumar @ Upendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12490 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== 1.
Upendra Kumar @ Upendra Rai SON OF RAVINDRA RAI R/O VILLAGE- BHAGNATPUR, P.S.- VAISHALI, DISTRICT- VAISHALI 2.
MAHESH RAI SON OF HARILAL RAI R/O VILLAGE- BHAGNATPUR, P.S.- VAISHALI, DISTRICT- VAISHALI ... ... 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. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-03-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Vaishali Police Station Case No. 508 of 2023, disclosing offences under Sections 304(B), 201, 34 of the Indian Penal Code.
3. As per the First Information Report, the marriage of the informant's daughter was solemnized with the co-accused Sanjit Kumar on 11.07.2019. After the marriage, the petitioners, along with other accused persons, started demanding dowry of Rs. 5 lacs for purchasing a fourwheeler and due to non-fulfillment of the demand, the
Patna High Court CR. MISC. No.12490 of 2024(2) dt.14-03-2024 2/3 daughter of the informant has been killed by the accused persons and they tried to perform last rights secretly but the informant arrived there with the police and recovered the half burnt body of the daughter.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case with oblique motive. The petitioners are not the family members of the husband of the deceased and they are co-villagers of the father-in-law of the deceased. There are general and omnibus allegations against the petitioners in the FIR.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the submission of the learned counsel for the petitioners that the petitioners are not the family members of the deceased's husband and they are co-villagers, accordingly, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.12490 of 2024(2) dt.14-03-2024 3/3 amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali, Hajipur, in connection with Vaishali Police Station Case No. 508 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T