Shivji Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77098 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Shivji Rai Son of Rajendra Rai 2.

Jeetendra Rai Son of Hari Nandan Rai Both Resident of Village-Bakarpur, P.S. Kurhani,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradhan Murli Manohar Pd.

Mr. Raju Kumar Goswami For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Kudhani P.S.Case No.177 of 2018 , registered for offences punishable under Sections 304(B) and 201 and 34 of the Indian Penal Code.

Petitioner happens to be father-in-law and brother-in-law (Bhaisur). The case is of dowry death.

Submission of the learned counsel for the petitioners is that there is absolutely no allegation in the FIR and demand and as a matter of fact she died due to Kai and Diarrhea , which has come in para no.8 and in para no.7 witness has stated that he has no knowledge as to how she died and they are living separately. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.77098 of 2018(3) dt.12-04-2019 2/2 case.

Heard learned A.P.P. , who has opposed the pryaer for bail on the ground that the husband of the deceased has already died and the petitioners are father-in-law and brother-in-law (Bhaisur).

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Muzaffarpur in connection with Kudhani P.S.Case No.177 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T