Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36817 of 2022 Arising Out of PS. Case No.-467 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== 1.

DINESH RAI SON OF SITAB RAI @ JITAN RAI R/O- VILLAGE - MAYIL PAKRI, P.S.- BIDUPUR, DIST- VAISHALI 2.

MEENA DEVI WIFE OF DINESH RAI R/O- VILLAGE - MAYIL PAKRI, P.S.- BIDUPUR, DIST- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Bishweshwar Ram Mr.Jay Ram Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304B/34 of the IPC. Allegedly, the petitioners along with other accused persons are said to have tortured and assaulted the daughter of informant for non-fulfillment of demand of dowry. It is further alleged that due to such assault, daughter of informant died in course of treatment.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.36817 of 2022(3) dt.02-11-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is father-in-law and petitioner no.2 is mother-in-law of the deceased. Husband of the deceased has already surrendered before the court below on 15.10.2022. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bidupur P.S. Case No.467 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.