Ranjit Rai @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23374 of 2019 Arising Out of PS. Case No.-763 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
RANJIT RAI @ RANJIT KUMAR Son of Late Upendra Rai Resident of Village- Shyamachak Harauli Post Harauli Fatehpur, P.S.- Sadar, DistrictVaishali. 2.
Munni Devi @ Muniya Devi Wife of late Upendra Rai Resident of VillageShyamachak Harauli Post Harauli Fatehpur, P.S.- Sadar, District- Vaishali. 3.
Maniya Devi Wife of Ranjit Kumar @ Ranjit Ray Resident of VillageShyamachak Harauli Post Harauli Fatehpur, P.S.- Sadar, District- Vaishali. ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Hajipur Sadar P.S. Case No. 763 of 2018 for the offence punishable under Section 304(B)/34 of the Indian Penal Code. The petitioner No.2 is the mother-in-law of the deceased and petitioner No.1 is brother of the husband of the deceased, whereas petitioner No.3 is wife of petitioner No.1. There is allegation in the First Information Report of demand of dowry. It is alleged in the First Information Report that the husband of the deceased and petitioner No.3 were instrumental in killing the deceased by setting her on fire after
Patna High Court CR. MISC. No.23374 of 2019(2) dt.11-04-2019 2/3 pouring on her, kerosene oil.
Learned counsel appearing on behalf of the petitioners has submitted that though there is such allegation in the First Information Report, there is no indication in the First Information Report as to how the informant learnt about the manner of occurrence. This has also been submitted that had there been any intention of the accused persons to kill the deceased, she would not have been taken to hospital for treatment, where the deceased died of burn injuries. It has also been argued that demand of dowry is against husband of the deceased.
Be that as it may, considering the submission that implication of these petitioners is mainly because they are related to the husband of the deceased, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released 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., Vaishali at Hajipur, in Hajipur Sadar P.S. Case No. 763 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.23374 of 2019(2) dt.11-04-2019 3/3 Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T