Patna High CourtCR. MISC./38678/2015bail granted

Raj Kumar Rai And ANR v. The State Of Bihar

2015-09-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38678 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Raj Kumar Rai, Son of Late Kailash Rai,

2. Kismat Devi, Wife of Late Kailash Rai. Both are resident of VillageGiyan, Police Station- Karja, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mazharul Hassan For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioners and the State. The petitioners being elder brother and mother of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non fulfillment of dowry demands. It is submitted by the learned counsel for the petitioners that as per own admission of the informant that the marriage of his daughter was performed in 2007 when the victim died on 10.6.2015, the case does not come within the purview of section 304B IPC. More over, the petitioners claim to be separate from the

Patna High Court Cr.Misc. No.38678 of 2015 (2) dt.28-09-2015 2/2 husband of the victim and in support of the same, ration card has been brought on record as Annexure 2.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, West Muzaffarpur in connection with Karja P.S. Case No.56 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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