Lalit Rai @ Amod Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31138 of 2016 Arising Out of PS.Case No. -497 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Lalit Rai @ Amod Rai Son of Late Lakshuman Rai
2. Uma Devi Wife of Lalit Rai
3. Prince Kumar Rai @ Prince Kumar, Son of Lalit Rai
4. T.M. Rai @ Prabhu Rai Son of Late Lakshuman Rai
5. Subodh Rai Son of Late Lakshuman Rai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sushant Kumar, Advocate For the Opposite Party/s : Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-10-2016 Heard learned counsels for the petitioners and the State.
The petitioners being the parents, brother, uncles of the husband of the daughter of the informant are apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B, 201 and 120B/34 of the Indian Penal Code. Basic accusation is of killing the daughter of the informant within three years of marriage for non-fulfillment of dowry demand. It is also alleged that the dead body was disposed of by the time the informant reached to the in-laws' house of the victim.
Patna High Court Cr.Misc. No.31138 of 2016 (3) dt.20-10-2016 2/3 It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and the thrust of accusation is against the husband of the victim, who is in custody. Moreover, the informant has retracted from the initial version and filed a petition to that effect before the learned Court below. It is submitted by Mr. J. N. Thakur, learned APP after going through the case diary that all the accused persons killed the victim and disposed of the dead body but concedes that there is no eye witness to the occurrence. Moreover, the investigation has already concluded.
Considering the fact that the thrust of accusation is against the husband of the victim and the investigation has already concluded, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No.497 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The learned court below will be at liberty to cancel
Patna High Court Cr.Misc. No.31138 of 2016 (3) dt.20-10-2016 3/3 the bail bonds of any of the petitioner, if he defaults for three consecutive occasions.
(Dinesh Kumar Singh, J) Ashwini/- U T