Pachu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38121 of 2019 Arising Out of PS. Case No.-356 Year-2017 Thana- DHAKA District- East Champaran ======================================================

1. Pachu Rai aged about 20 years (male) of Mosafir Rai.

2. Indal Rai @ Indal Kumar aged about 25 years (Male) of Mosafir Rai. Both resident of village Shyam Bakhari P.S. Station Dhaka Dist. East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application praying for bail in connection with Dhaka P.S. Case No. 356 of 2017 registered for the offence punishable under section 304(B)/34 of the Indian Penal Code.

As per the allegation in the FIR the accused persons including these petitioners are alleged to have tortured the deceased for the purpose of dowry. The daughter of the informant is said to have got married to the elder brother of the petitioners on 20.06.2016.

It is submitted by learned counsel for the petitioners that petitioners were living separately from the deceased and her husband, there is no direct allegation against them, they are in

Patna High Court CR. MISC. No.38121 of 2019(2) dt.05-07-2019 2/2 custody since 08.01.2019 and 26.03.2019 respectively, they have no criminal antecedent and that their parents i.e., motherin-law and father-in-law of the deceased have been granted bail by order dated 14.03.2019 passed in Cr. Misc. No. 353 of 2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case especially the fact that the father-in-law and mother-in-law of the deceased have been granted bail, the petitioners named above are directed to be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran at Motihari in Dhaka P.S. Case No. 356 of 2017. (Partha Sarthy, J) Prakash/- U