Abhishek Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36059 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Abhishek Rai, Son of Het Ram Rai resident of Village - Kursaha, Police Station- Mohiuddin Nagar, District- Samastipur. 2.

Ashok Rai Son of Het Ram Rai resident of Village - Kursaha, Police StationMohiuddin Nagar, District- Samastipur. 3.

Soni Devi Wife of Ashok Rai resident of Village - Kursaha, Police StationMohiuddin Nagar, District- Samastipur. 4.

Vikash Rai @ Vikash Kumar Son of Het Ram Rai resident of Village - Kursaha, Police Station- Mohiuddin Nagar, District- Samastipur. 5.

Het Ram Rai Son of Late Judagi Rai resident of Village - Kursaha, Police Station- Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2021 Heard Mr. Shashi Dhar Jha, learned counsel for the petitioners and Mr. Surendra Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mohiuddin Nagar P. S. Case No. 40 of 2020, dated 11.03.2020, instituted for the offences under Sections 302, 201 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.36059 of 2020(3) dt.24-05-2021 2/3 The prayer for anticipatory bail of petitioner no. 1, who is the husband of the deceased, is hereby rejected.

However, if the petitioner no. 1 surrenders before the court below and seeks bail that shall be considered on its own merits, without being prejudiced by the fact that the present petition on his behalf has not been entertained by this Court.

The petitioner nos. 2 and 4 are the brothers of the husband of the deceased whereas petitioner no. 3 is the wife of petitioner no. 2 who has been granted provisional anticipatory bail. The petitioner no. 5 is the father-in-law.

Mr. Shashi Dhar Jha, learned counsel for the petitioners has submitted that the deceased herself consumed poison and every effort was made to have her resuscitated but to no avail.

Considering the afore-stated facts, this Court directs that in case the petitioner nos. 2, 4 and 5,

Patna High Court CR. MISC. No.36059 of 2020(3) dt.24-05-2021 3/3 namely, Ashok Rai, Vikash Rai and Het Ram Rai surrender before the court below, within a period of eight weeks, they shall be released on bail, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned court below. Since the petitioner no. 3 is already on provisional bail, her provisional bail is confirmed and she shall be allowed to remain on the same bail-bonds. The application stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T