Paras Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33601 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Paras Rai son of late Raghu Rai

2. Chhaliya Devi wife of Paras Rai

3. Babita Devi D/o Paras Rai All are residents of Village - Nawada, P.S. - Derani, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioners apprehend their arrest in Derani P.S. Case No. 44 of 2016, registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code. The informant, brother of the deceased, alleged that his sister was married to Prakash Rai in the year 2012 and Prakash Rai and his family members were torturing his sister due to nonfulfillment of demand of motorcycle. It is alleged that the petitioners and others killed his sister and they were taking his sister for cremation but the dead body was found and the accused persons fled away.

Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law and sister-in-law of the deceased. The marriage was solemnized four years ago. The

Patna High Court Cr.Misc. No.33601 of 2016 (3) dt.22-09-2016 2/2 deceased had never made any complain of demand of dowry during her life time after her marriage. The petitioners have no manner of concern with the deceased and his family, in fact the husband and wife were living separately from the petitioners. Learned Additional P.P., however, opposed the prayer for anticipatory bail.

It appears that the petitioners are father-in-law, mother-inlaw and married sister-in-law of the deceased. No specific allegation of demand of dowry and torture is made against the petitioners. The deceased died after four years of her marriage. Post-mortem shows no apparent and visible cause of death. Viscera is preserved. Considering the facts aforesaid and the fact that the petitioners are in-laws of the deceased, the 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/production of a copy of this order, are directed to 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 Chief Judicial Magistrate, Saran at Chapra in connection with Derani P.S. Case no. 44 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T