Prabhu Nath Rai @ Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29229 of 2020 Arising Out of PS. Case No.-193 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

Prabhu Nath Rai @ Prabhu Rai Son of Anurag Rai Resident of VillageFuchati Kala, P.S.- Ekma, Dist- Saran at Chapra. 2.

Lakhpati Devi W/o Prabhu Rai Resident of Village- Fuchati Kala, P.S.- Ekma, Dist- Saran at Chapra.

3.

Rekha Kumari Daughter of Prabhu Rai Resident of Village- Fuchati Kala, P.S.- Ekma, Dist- Saran at Chapra.

4.

Satyendra Rai Son of Prabhu Rai Resident of Village- Fuchati Kala, P.S.- Ekma, Dist- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Lal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2020 Heard learned counsel for petitioners and learned A.P.P. for the State through video conferencing. Initially, a complaint, vide Complaint Case No. 670 of 2018, was filed by the complainant in the court of learned Chief Judicial Magistrate, Saran, alleging therein that his sister was married with co-accused Shailendra Kumar Rai on 09-12-2016 and it is further alleged that all the accused persons including petitioners started demanding dowry and due to non-fulfillment of the same, these petitioners including other FIR named accused persons committed the murder of the sister of the

Patna High Court CR. MISC. No.29229 of 2020(2) dt.05-12-2020 2/3 complainant and disappeared her dead-body. The aforesaid complaint petition was referred to the police under Section 156(3) of the Cr.P.C. by the learned Magistrate for its investigation and registration of F.I.R. and thereafter, an F.I.R., vide Manjhi P.S. Case No. 193 of 2019 under Sections 498A, 304B, 201, 34 of the Indian Penal Code. Petitioners apprehend their arrest in aforesaid case and as such, they have prayed for grant of anticipatory bail.

It is submitted on behalf of petitioners that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law, petitioner no. 3 is unmarried sister-in-law (nanad) and petitioner no. 4 is bhaisur (elder brother of husband of deceased) of the deceased. There is general and omnibus allegation and petitioners have got no concern with the affairs of the deceased and they are living separately. Specific allegation is against husband of the deceased, who is already in custody. Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. In the event of their arrest or surrender within a period of eight weeks from the date receipt/production of copy of this order, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.29229 of 2020(2) dt.05-12-2020 3/3 amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - XIV, Saran at Chapra in connection with Manjhi P.S. Case No. 193 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay/- U T