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Patna High CourtCR. MISC./68309/2018allowed

Subash Rai And ANR v. State Of Bihar And ANR

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68309 of 2018 Arising Out of PS. Case No.-175 Year-2016 Thana- MADHAURAH District- Saran ======================================================

1. Subash Rai, S/o Lage Jagu Rai,

2. Santoshi Devi, W/o Guddu Rai @ Jai Prakash Rai, Both R/o Village- Tej Purwa, P.S.- Marhowrah, District- Saran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Fuleshwar Rai, S/o Late Ramanand Rai, R/o Sinduari, P.S.- Marhowrah, District- Saran.

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Marhowarh P.S. Case No.175 of 2016 for the offence under Sections 498 (A), 324, 326, 307, 504/34, 304 (B) of the Indian Penal Code and 3/ 4 of Dowry Prohibition Act. Learned counsel for the petitioners submits that petitioners have no criminal antecedent. In fact the husband and wife who are residing separately with these petitioners. On account of quarreled with the husband the wife committed suicide. He further submits that there is no allegation of demand of dowry in connection with unnatural death of Punam Devi.

Patna High Court Cr.Misc. No.68309 of 2018(2) dt.14-12-2018 2/2 Considering the aforesaid, let the petitioners above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned A.C.J.M., VIII Saran at Chapra in connection with Marhowrah P.S. Case No. 175 of 2016, subject to the conditions as laid down under Section 438 Cr.P.C. as also with condition that if the trial Court notice that the petitioners have made false statement as to the fact that they are living separately other brother namely the husband of Punam Devi, in that situation the Court below shall have liberty to cancel the bail bond of petitioners. (Anil Kumar Upadhyay, J) T.Kr./- U T