Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10765 of 2020 Arising Out of PS. Case No.-155 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== 1.

Bhola Rai Son of Anil Rai R/o Village- Sareya Srikant, P.S.- Basantpur, District- Siwan.

2.

Rambha Devi @ Raambha Devi Daughter of Anil Rai R/o Village- Sareya Srikant, P.S.- Basantpur, District- Siwan.

3.

Sunil Rai Son of Chhatu Rai R/o Village- Sareya Srikant, P.S.- Basantpur, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-11-2020 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Basantpur P.S. Case No. 155 of 2019 registered for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code.

As per allegation in the F.I.R, the daughter of the informant was married to one Subhash Kumar in April 2016. It is stated that the accused persons including the petitioners herein started to torture the informant's daughter for non-

Patna High Court CR. MISC. No.10765 of 2020(6) dt.06-11-2020 2/3 fulfillment of the demand of dowry of Rs. 50,000/- in cash, a motorcycle and furniture and it is stated that on 17.5.2019 he received secret information about his daughter being murdered. It is submitted by learned counsel for the petitioners that the petitioners are the brother-in-law ('devar'), unmarried sisterin-law ('nanad') and uncle-in-law of the daughter of the informant. The allegations are general and omnibus in nature. It is submitted that the petitioners have no criminal antecedent and the husband of the daughter of the informant namely Subhash Kumar has surrendered in the learned Court below on 2.11.2020.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations levelled against the petitioners together with the fact of the husband of the deceased daughter of the informant having surrendered in the Court below, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Basantpur P.S. Case No. 155 of 2019, they will be enlarged on bail on each of them

Patna High Court CR. MISC. No.10765 of 2020(6) dt.06-11-2020 3/3 furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U