Janarasi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48967 of 2014 Arising Out of PS.Case No. -196 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Janarasi Devi wife of Prem Lal Rai

2. Rubita Devi @ Robita Devi wife of Sanjay Rai

3. Rangeela Devi wife of Lakhindra Rai

4. Lakhindra Rai son of Prem Lal Rai

5. Sanjay Rai son of Prem Lal Rai

6. Prem Lal Rai son of Late Ram Swaroop Rai

7. Ajay Rai son of Prem Lal Rai All R/o Village - Rupauli, P.S. - Runnisaidpur, District - Sitamarhi.

8. Basmatiya Devi wife of Naresh Rai R/o Village - Paramjiwan, P.S. - Hathauri, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 304 B and 201/34 of the I.P.C.

The daughter of the informant married with Ajay Rai (petitioner no. 7) due to non fulfillment of demand of motorcycle and cash of Rs. 50,000/- was burnt to death and during treatment petitioner Ajay Rai pulled out saline needle.

Patna High Court Cr.Misc. No.48967 of 2014 (2) dt.30-04-2015 2/2 Submission is of false implication and that vide Annexure-2 the petitioner Ajay Rai has lodged fardbeyan over which Sheoji Rai the informant is the attesting witness and that fardbeyan was lodged on 18.05.2012 at 10.30 hours at S.K.M.C.H Burn ward, but thereafter only with a view to extract money the informant lodged this case on 05.07.2012 and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. opposes.

Considering the allegation attributed against Ajay Rai (petitioner no.7) who is husband, this Court is not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected.

But taking into consideration that other petitioners are in-laws having no specific allegation and as such they in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Sitamarhi in Runnisaidpur P.S. Case No. 196 of 2012, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T