Musai Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35451 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

Musai Lal Ray, aged about 50 years, Male, son of Prithvi Lal Ray, Resident of Village- Belwari, Police Station- Azamnagar (Salmari), District- Katihar. 2.

Shakuntala Devi, aged about 45 years, Female, wife of Musai Lal Ray, Resident of Village- Belwari, Police Station- Azamnagar (Salmari), DistrictKatihar. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Rajendra Prasad Sah, Advocate.

For the Opposite Party :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B)/34 of the I.P.C. The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been

Patna High Court CR. MISC. No.35451 of 2020(2) dt.09-04-2021 2/2 implicated in the present case. The petitioner no. 1 is the fatherin-law and petitioner no. 2 is the mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. They have got no concern with the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar, in connection with Azamnagar (Salmari) P.S. Case No. 103/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U T