Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35374 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- SAHPUR District- Patna ====================================================== 1.

PAPPU RAI, son of RAM RATAN RAI @ Ratan Rai Resident of VillageMadhopur, P.S.- Shahpur, District- Patna 2.

MANOJ KUMAR, son of RAM RATAN RAI@ Ratan Rai Resident of Village- Madhopur, P.S.- Shahpur, District- Patna 3.

SUNAINA DEVI, wife of RAM RATAN RAI @ Ratan Rai Resident of Village- Madhopur, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-09-2021 Heard Mr. Rikesh Sinha, the learned counsel for the petitioners and Mr. Md. Nazir Ansari, learned APP for the State.

The application with respect to petitioner no. 2 has been withdrawn as having become infructuous with his arrest.

The petitioner nos. 1 and 3, who are the brother-in-law and mother-in-law of the deceased respectively, seek bail in anticipation of their arrest in connection with Shahpur P. S. Case No. 45 of 2020,

Patna High Court CR. MISC. No.35374 of 2020(6) dt.01-09-2021 2/3 dated 22.01.2020, instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code. The husband of the deceased has surrendered to the process of law and is in custody since then. The learned advocate for the petitioners has submitted that the accusation in the F.I.R. is absolutely vague and is based only on suspicion.

Apart from this, it has been submitted that the deceased and her husband were staying separately and the petitioners did not have any control over the affairs of their life.

It has further been submitted that there is no specific accusation against the petitioner nos. 1 and 3. For the reasons afore-stated, the petitioner nos. 1 and 3, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

Patna High Court CR. MISC. No.35374 of 2020(6) dt.01-09-2021 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Danapur, Patna, in connection with Shahpur P. S. Case No. 45 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T