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Patna High CourtCR. MISC./23873/2020bail granted

Rampani Rai v. The State Of Bihar

2020-10-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23873 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- MANER District- Patna ====================================================== 1.

RAMPANI RAI Son of Late Duravali Rai Resident of village - Sadikpur, P.S. - Maner, District - Patna.

2.

Videshi Kumar Son of Rampani Rai Resident of village - Sadikpur, P.S. - Maner, District - Patna.

3.

Pardeshi Kumar Son of Rampani Rai Resident of village - Sadikpur, P.S. - Maner, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar For the Opposite Party/s :

Mr.Sanjay Kr. Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Sri Sanjay Kumar Sharma, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Maner PS case no. 03 of 2020 registered for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code.

The allegation is regarding the accused persons having conspired together and killed the deceased victim lady

Patna High Court CR. MISC. No.23873 of 2020(2) dt.09-10-2020 2/3 on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having clean antecedent. It is further submitted that as far as petitioner no. 1 is concerned, he is the cousin father-in-law of the deceased victim lady, petitioner no. 2 is the cousin elder brother-in-law of the deceased victim lady and petitioner no. 3 is the cousin brother-in-law of the deceased victim lady and all of them are living separately from the husband of the deceased victim lady, hence they have got no complicity in the matter.

It is further submitted by referring to the supplementary affidavit filed by the petitioners that the husband has already surrendered before the learned court below on 05.10.2020 and has been taken into judicial custody, whereafter he has been sent to Danapur jail, as such it is submitted that no prejudice would be caused if the petitioners herein are granted anticipatory bail.

Patna High Court CR. MISC. No.23873 of 2020(2) dt.09-10-2020 3/3 cousin elder brother-in-law and cousin brother-in-law of the deceased victim lady i.e. the petitioners herein, are stated to be living separately from the husband of the deceased victim lady, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Danapur (Patna) in connection with Maner PS case no. 03 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T