← Library
Patna High CourtCR. MISC./14762/2025allowed

Harendra Rai v. The State Of Bihar

2025-04-19Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14762 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Harendra Rai S/o- Late Banarasi Rai Resident of Village- Mani Bahuara PSKalyanpur District- East Champaran 2.

Chanchala Devi W/o- Harendra Rai Resident of Village- Mani Bahuara PSKalyanpur District- East Champaran 3.

Vikash Kumar S/o- Harendra Rai Resident of Village- Mani Bahuara PSKalyanpur District- East Champaran 4.

Soni Devi D/o- Harendra Rai Resident of Village- Mani Bahuara PSKalyanpur District- East Champaran 5.

Nanki Kumar S/o- Harendra Rai Resident of Village- Mani Bahuara PSKalyanpur District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kalyanpur P.S. Case No. 346 of 2024 instituted for the offence under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the daughter of the informant was married to one Rohit Kumar. At the time of

Patna High Court CR. MISC. No.14762 of 2025(2) dt.19-04-2025 2/3 marriage, jewellery and other gifts were provided. She was subjected to cruelty on account of non-fulfillment of the demand of dowry. It is further alleged that she was hanged and the dead body was thrown in a canal.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. It is further submitted that the petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law, petitioner nos. 3 and 5 are brother-in-law and petitioner no. 4 is sister-in-law of the deceased. It has also been submitted that due to some misconception, the case was filed, later on parties have compromised. It has also been submitted that the husband had surrendered and he is in custody. Petitioners are in-laws and the main thrust of allegation is against the husband of the deceased.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. All the five

Patna High Court CR. MISC. No.14762 of 2025(2) dt.19-04-2025 3/3 petitioners, above named, are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kalyanpur P.S. Case No. 346 of 2024, they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Anushka/- U T