Jamidar Rai @ Jamadar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34233 of 2023 Arising Out of PS. Case No.-341 Year-2020 Thana- SAHPUR District- Patna ====================================================== 1.

Jamidar Rai @ Jamadar Rai Son Of Tejwali Rai @ Raj Wali Rai Resident Of Village- Shankarpur, Ps- Shahpur, Distt- Patna 2.

Dev Muni Devi @ Lal Muni Devi Wife Of Jamidar Rai @ Jamadar Rai Resident Of Village- Shankarpur, Ps- Shahpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-07-2023 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with Shahpur P.S. Case No. 341 of 2020 instituted under Sections 304(B)/201/34 of the Indian Penal Code lodged on 20.9.2020 by the informant, Chulhan Rai.

As per the prosecution story, the marriage of the informant's daughter took place with one Lalu Kumar in 2018 but she was tortured for dowry and on 18.9.2022, the informant came to know about her killing and throwing of her body in the river 'Ganga'.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.34233 of 2023(2) dt.26-07-2023 2/3 petitioners that they are father-in-law and mother-in-law, living separately, do not have any role to play and further the husband is in custody (as stated in para-19 of the bail application). Considering the old age of the petitioners who are 91 and 81 years old respectively, do not have any criminal antecedent and further the husband is in custody, this Court is inclined to extend them the privilege of anticipatory bail. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Shahpur P.S. Case No. 341 of 2020 to the satisfaction of learned A.C.J.M., Danapur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with other condition.

(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.34233 of 2023(2) dt.26-07-2023 3/3 (iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;

(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T