Rakesh Kumar @ Rakesh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54893 of 2016 Arising Out of PS.Case No. -272 Year- 2015 Thana -SONEPUR District- SARAN ======================================================

1. Rakesh Kumar @ Rakesh Rai Son of Late Jagdish Rai,

2. Pinki Devi Wife of Gaya Patel

3. Banarsi Devi Wife of Jagdish Rai All are resident of Village-Kharika, Police Station- Sonepur, District- Saran .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Sonepur P.S. Case No. 272 of 2015 for the offences instituted under Sections 304-B and 120-B of the Indian Penal Code.

The allegation against the petitioners is that they along with other co-accused committed murder of the deceased due to non-fulfillment of the demand of dowry.

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 petitioner no.1 is Devar of the deceased, petitioner no.2 is Gotni of the deceased and the petitioner no.3 is

Patna High Court Cr.Misc. No.54893 of 2016 (2) dt.09-01-2017 2/2 the mother-in-law of the deceased. A Complaint case was filed in respect to the alleged occurrence by the Complainant/informant on 04.05.2015. The fardbeyan of the wife of the Complainant was recorded at hospital on 23.04.2015 by the police. It was alleged that the deceased had caught fire while cooking and subsequently, in course of treatment, she has died. The said fardbeyan is Annexure-3 to the present application. The other co-accused have been granted anticipatory bail vide Cr. Misc. No. 42913 of 2016 by another Co-ordinate Bench of this Court.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sonepur P.S. Case No. 272 of 2015 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., Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T