Ishari Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31509 of 2016 Arising Out of PS.Case No. -132 Year- 2016 Thana -HAJIPUR SADAR District- VAISHALI HAJIPUR) ======================================================
1. Ishari Rai son of Sukhlu Rai
2. Lal Muni Devi @ Lal Mohini Devi wife of Ishari Rai
3. Shyam Lal Rai alias Shyam Babu Rai son of Ishari Rai
4. Santosh Rai @ Santosh Kumar Rai son of Ishari Rai
5. Laxman Rai @ Laxman Kumar, son of Ishari Rai
6. Mala Devi @ Nirmala Devi, wife of Shyam Lal Rai
7. Rinku Devi wife of Santosh Rai, All residents of Village Manua, P.S. Hajipur Sadar, District- Vaishali. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Shivjee Singh, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 304B and 201 read with Section 34 of the Indian Penal Code registered in connection with Hajipur Sadar P.S. Case No. 132 of 2016.
3. It is submitted that the petitioners being variously related to the husband of the deceased have been falsely implicated as the deceased had died owing to illness. The first information report has been instituted after inordinate delay on 02.04.2016 for the alleged occurrence of 25.03.2016. It is further
Patna High Court Cr.Misc. No.31509 of 2016 (2) dt.09-08-2016 2/2 submitted that the informant being the brother of the deceased has subsequently filed a petition before the learned Court for directing closure of the case stating that the deceased had died due to illness and the body was cremated according to the rituals and that is not a case of murder.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of petitioners' arrest or surrender within four weeks hereof let the above named petitioners be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 132 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
5. The provisional bail shall stand confirmed upon the informant and his parents appearing before the learned Court below and the Court below being satisfied with regard to the aforesaid petition of the informant filed on 20.04.2016.
6. The bail petition stands disposed of.
(Vikash Jain, J) B.T/- U T