Lal Babu Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56227 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================

1. Lal Babu Rai, aged about 65 Years S/o Late Rajgir Rai (father in Law),

2. Sunder Devi @ Sundari Devi aged about 62 Years W/o Lal Babu Rai, Both of Muhalla- Shariffaganj, P.S.- Malsalami, Patna City, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Krishna Prasad Yadav For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in a case instituted under Sections 304(B) and 498(A)/34 of the Indian Penal Code.

The allegation against the petitioners is of committing 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 petitioners have falsely been implicated in the present case. The petitioner no.1 is father-in-law of the deceased

Patna High Court Cr.Misc. No.56227 of 2017 (2) dt.27-11-2017 2/2 and the petitioner no.2 is mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. It is a case of accidental death.

On behalf of the State, it has been submitted that the petitioners are 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 Malsalami P.S. Case No. 137/2017 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.-IV, Patna City, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T