Patna High CourtCR. MISC./36707/2015bail granted

Wakil Rai And ANR v. The State Of Bihar

2015-09-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36707 of 2015 Arising Out of PS.Case No. -273 Year- 2014 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Wakil Rai Son of Late Vishun Rai

2. Ram Ekbal Rai Son of Vishun Rai Both are resident of village - Bashauli, P.S. Bochaha, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Binod Kumar 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioners and the State.

Petitioners being brothers of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code.

The accusation is killing the sister of the informant after six years of marriage for non-fulfilment of dowry demand.

It is submitted by learned counsel for the petitioners that brother of the petitioners Hriday Rai was earlier married with a girl but subsequently developed some intimacy with the informant's sister Sujata and got married with her and out of the said marriage there are two children. After the marriage the petitioners claimed to be separated from the

Patna High Court Cr.Misc. No.36707 of 2015 (2) dt.10-09-2015 2/2 husband of the victim since he performed second marriage against the wishes of the entire family. The ration card has been brought on record to suggest that petitioners are separate from the husband of the victim.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Bochaha P.S. Case No. 273 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T