Harendra Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23534 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Harendra Raut, aged about 30 years, Male, Son of Mahendra Raut, Resident of Village Kundal, P.S. Runnisaidpur, District Sitamarhi.

2. Lakhindra Raut, aged about 25 years, Male, Son of Mahendra Raut, Resident of Village Kundal, P.S. Runnisaidpur, District Sitamarhi.

3. Bibha Devi, aged about 25 years, Female, Wife of Harendra Raut, Resident of Village Kundal, P.S. Runnisaidpur, District Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

Petitioners apprehend their arrest in Runnisaidpur P.S. Case No.364 of 2018, registered under Sections 304(B), 302, 120(B) and 149 of the Indian Penal Code.

The informant filed Complaint Case No.105 of 2018 on the basis of which the present FIR was lodged. The informant alleged that his daughter was married to Surendra Raut three years ago but after marriage her husband and other in laws were demanding dowry. The informant further alleged that the accused persons killed his daughter and cremated her dead body.

Learned counsel for the petitioners submits that the petitioners are brothers-in-law and sister-in-law of the deceased.

Patna High Court CR. MISC. No.23534 of 2019(2) dt.11-04-2019 2/2 They have no manner of concern with the family affairs of the deceased and her husband, Surendra Raut. The daughter of the informant died on 22.12.2017 but the complaint petition was filed on 02.02.2018. The informant himself stated in the complaint petition that the accused persons had forcibly taken his thumb impression on a plain paper but did not disclose the reason for lodging the case after such delay.

Having considered the facts aforesaid and the facts that petitioners are brothers-in-law and sister-in-law of the deceased and no specific allegation of demand of dowry and torture is made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged 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 learned C.J.M., Sitamarhi in connection with Runnisaidpur P.S. Case No.364 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.