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Patna High CourtCR. MISC./21489/2018bail granted

Kedar Rai And ANR v. The State Of Bihar

2018-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21489 of 2018 Arising Out of PS. Case No.-68 Year-2017 Thana- RAJAPAKAR District- Vaishali ======================================================

1. Kedar Rai, S/o Bipat Rai,

2. Phuljhari Devi W/o Kedar Rai, Both are R/o Vill.- Shivganj, Lakhni, P.S.- Rajapakar (Baranti), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 326, 307/34 of the Indian Penal Code and later on Section 302 I.P.C. was added. Allegation is that the accused persons including the petitioners poured kerosene oil upon the informant and set her on fire. During treatment, she died.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner No.1 is father-in-law and petitioner

Patna High Court Cr.Misc. No.21489 of 2018(2) dt.12-04-2018 2/2 No.2 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The specific allegation is against the Bhinsur (Jitendra Rai) as per the subsequent fard beyan recorded by Agamkuan Police Station (Annexure 2 to the present application).

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Vaishali at Hajipur in connection with Rajapakar (Barati O.P.) P.s. case No.68 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T