Baidhnath Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38710 of 2016 Arising Out of PS.Case No. -389 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Baidhnath Rai, son of Late Gorakh Rai,
2. Gula Devi, W/o Baidhnath Rai, Resident of Village - Santpur, P.S. - Muffasil Motihari, District - East Champaran. ... .... Petitioners
Versus
The State of Bihar.
... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate, For the Opposite Party/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Muffasil Motihari P.S. Case No.389 of 2015, registered under Sections 304(B), 120(B)/201 of the Indian Penal Code.
The accusation is of killing of the daughter of the informant, whose marriage was performed with Awadesh Rai in the year 1990, due to non-fulfillment of demand of dowry and her dead body has been disposed of.
Learned counsel for the petitioners submits that both the petitioners are father-in-law and mother-in-law of the deceased, who have falsely been implicated in this case. Further submission is that deceased died after 16 years of her marriage due to illness and last ceremony was performed, but with ulterior motive, the informant
Patna High Court Cr.Misc. No.38710 of 2016 (2) dt.22-09-2016 2/2 lodged complaint case, which is the basis of the F.I.R. Further submission is that on merit the bail petition of Awadesh Rai, husband of the deceased, has been granted by a co-ordinate Bench of this Court on 24.05.2016 passed in Criminal Miscellaneous No. 17562 of 2016. Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran in connection with Muffasil P.S. Case No. 389 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T