Golu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27441 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- NADI P.S. District- Patna ====================================================== 1.

GOLU RAI, aged about 28 years, Male, Son of Vidya Nand Rai, Resident of Village- Sipara, P.S.- Beur, District- Patna 2.

Vidya Nand Rai, aged about 50 years, Male, Son of Late Jit Lal Rai, Resident of Village- Sipara, P.S.- Beur, District- Patna ... Petitioners

Versus

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

For the Petitioners :

Mr. Niraj Kumar, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 06-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Nadi P.S. Case No. 22 of 2019 for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code.

The accusation is that after marriage of Shobha Devi, sister of the informant, with Bablu Rai, she was being tortured by her inlaws. On 21.01.2019, informant received information that his sister was killed by her husband, Bablu Rai, brother-in-law, Golu Rai, and mother-in-law, Savitri Devi, and they had gone to throw the dead body in river Ganga. She was killed due to dispute of the partition of the land.

Learned counsel appearing for the petitioners submits that the petitioners are devar and father-in-law of the deceased. In fact, the deceased, Shobha Devi, the sister of the informant, after marriage with Bablu Rai was adamant for partition of the property and due to that

Patna High Court CR. MISC. No.27441 of 2019(3) dt.06-08-2019 2/2 reason she made attempt to commit suicide by hanging, but, any how she was removed and was being carried by her husband and mother-inlaw for treatment, both were apprehended by the police. Further submission is that the police submitted the charge against Bablu Rai and Savitri Devi. In the evidence the informant, Sanjay Rai, himself admitted that his deceased sister committed suicide by handing due to dispute of partition.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nadi P.S. Case No. 22 of 2019 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T