Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34359 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== 1.

DHARMENDRA RAI Son of Umesh Rai Resident of Village- Shekhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali. 2.

Manoj Rai Son of Late Nilamber Rai Resident of Village- Shekhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali.

3.

Sanoj Rai Son of Late Nilamber Rai Resident of Village- Shekhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali.

4.

Pappu Rai Son of Late Nilamber Rai Resident of Village- Shekhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali.

5.

Suman Devi Wife of Manoj Rai Resident of Village- Shekhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali.

6.

Parwati Devi Wife of Sanoj Rai Resident of Village- Shekhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.1, as the petitioner No.1 has been taken into judicial custody.

Patna High Court CR. MISC. No.34359 of 2021(2) dt.16-07-2021 2/3 Permission is accorded.

The application filed on behalf of petitioner No.1 is dismissed as withdrawn.

The petitioners No.2 to 6 are apprehending their arrest in a case registered under Sections 304(B), 201/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners No.2 to 6 caused death of the sister of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners No.2 to 6 that the petitioners No.2 to 6 have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioners No.2 to 6. The petitioners No.2 to 6 have falsely been implicated in this case. The petitioners No.2 to 4 are brothers-in-law (Bhaisur) of the deceased and petitioners No.5 and 6 are sisters-in-law (Gotani) of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioners No.2 to 6 are named in the complaint case/F.I.R. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.34359 of 2021(2) dt.16-07-2021 3/3 and also the lockdown, the petitioners No.2 to 6, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate XV, Vaishali at Hajipur in connection with Kartaha P.S. case No.61 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners No.2 to 6 will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T