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Patna High CourtCR. MISC./38983/2022allowed

Rajesh Rai v. The State Of Bihar

2022-11-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38983 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- DHAKA District- East Champaran ====================================================== 1.

RAJESH RAI SON OF LATE RAJ MANGAL RAI R/O VILLAGEJHAUARAM, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN 2.

RAKESH RAI SON OF LATE RAJ MANGAL RAI R/O VILLAGEJHAUARAM, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN 3.

BINOD RAI SON OF LATE RAJ MANGAL RAI R/O VILLAGEJHAUARAM, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN 4.

PRAMOD RAI SON OF LATE RAJ MANGAL RAI R/O VILLAGEJHAUARAM, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B), 201, 34 of the IPC. Allegedly, all the FIR named accused persons including the petitioners in collusion with each other killed the niece of informant and cremated her dead body due to non-fulfillment of demand of motorcycle at the time of marriage. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.38983 of 2022(2) dt.15-11-2022 2/2 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the deceased and husband of the deceased is already in judicial custody, which is mentioned in para-10 of this application. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the husband of deceased is in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dhaka P.S. Case No.90 of 2022, G.R. Case No.116 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T