Surendra Ray @ Surendra Rai @ Shivendra Kumar @ Surendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33663 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.
Surendra Ray @ Surendra Rai @ Shivendra Kumar @ Surendra S/O Late Satyanarayan Ray R/O Village- Jagdishpur, PS- Maniyari, Distt-Muzaffarpur 2.
Upendra Ray @ Upendra Rai S/O late Satyanarayan Ray R/O VillageJagdishpur, PS- Maniyari, Distt-Muzaffarpur 3.
Sushil Ray @ Sushil Rai @ Sholi Rai S/O Late Satyanarayan Ray R/O Village- Jagdishpur, PS- Maniyari, Distt-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Maniyari P.S. Case No. 216 of 2024 for the offence under sections 80 and 3(5) of the B.N.S. lodged on 13.09.2024 by the informant, Baleshwar Ray.
3. As per the prosecution story, the informant alleged that his daughter was married to Santosh Rai in the year 2019 but was always tortured for dowry. On 01.09.2024, came to know about her death, rushed to the Maniyari Police Station where he found the dead body. It was sent to the SKMCH, Muzaffarpur for postmortem which led to the FIR.
Patna High Court CR. MISC. No.33663 of 2025(2) dt.20-05-2025 2/3
4. Learned counsel for the petitioners submit that the perusal of the learned Sessions Judge order would show that the cause of death has been attributed as asphyxia due to hanging. In any case, they are brothers-in-law, living separately and have no criminal antecedent.
5. Learned APP opposes the prayer.
6. Taking into account the submissions of the parties as also the fact that these are brothers-in-law, the cause of death is asphyxia due to hanging and they do not have any criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender 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 like amount each to the satisfaction of learned A.C.J.M. VIII, West, Muzaffarpur in connection with Maniyari P.S. Case No. 216 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.33663 of 2025(2) dt.20-05-2025 3/3 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;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(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) Adnan/- U T