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Patna High CourtCR. MISC./19470/2019bail granted

Rijhan Rai v. The State Of Bihar

2019-04-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19470 of 2019 Arising Out of PS. Case No.-17 Year-2018 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

Rijhan Rai Son of Late Rajo Rai Resident of Village - Nimahi, P.S.- Bajpatti, Distt.- Sitamarhi.

2.

Sanmukhiya Devi Wife of Rijhan Rai Resident of Village - Nimahi, P.S.- Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Veena Devi Ram Snehi Rai, At present Resident of Village - Bhupbhairo, P.S. and Distt.- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the petitioners and the State.

The petitioners, being the parents of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A and 504/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. The prosecution case is that the informant was married with the son of the petitioners, namely, Dhaneshwar Rai on 04.05.2016, but subsequent to the marriage, due to nonfulfillment of further dowry demand of Rs. 2 lacs and a motorcycle, the informant was tortured, assaulted and ultimately

Patna High Court CR. MISC. No.19470 of 2019(2) dt.02-04-2019 2/2 after snatching her all belongings, driven out from matrimonial house by the petitioners and other in-law family members. It is submitted by learned counsel for the petitioners that the thrust of accusation is against the husband of the informant and the petitioners claim to be separate from the husband of the informant.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the thrust of accusation against the husband of the informant, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi Mahila P.S. Case No. 17 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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