Raj Kishor Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45605 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

Raj Kishor Rai Son Of Late Garbhu Rai Village- Indarva @ Indarwa, P.S.- Sonbarsa, Distt.- Sitamarhi 2.

Fulo Devi W/O- Raj Kishor Rai Village- Indarva @ Indarwa, P.S.- Sonbarsa, Distt.- Sitamarhi 3.

Ajay Kumar Rai Son Of Munilal Rai Village- Basatpur, P.S.- Sonbarsa, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 304(B), 302, 120(B), 201 of the Indian Penal Code.

3. Prosecution case, in brief, is that daughter of informant was married with co-accused Shiva Rai about one year ago and on 2.4.2023, at about 10 AM, informant received phone call from matrimonial house of his daughter that she is serious and when informant went there, he found her daughter dead. Informant suspects that in-laws of his daughter killed her by pressing her neck.

4. Petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law and petitioner No. 3 is brother-in-law of the

Patna High Court CR. MISC. No.45605 of 2024(2) dt.30-07-2024 2/2 deceased.

5. It is submitted that there is general and omnibus allegation against these petitioners. Petitioners are separate in mess and property and they are not concerned with the family affairs of the deceased. Informant is not an eye witness of the occurrence. It is next submitted that husband and dewar of the deceased have already been acquitted by learned ADJ-IX, Sitamarhi vide Judgment and order dated 12.10.2023 in Sessions Trial No. 574/2023. Petitioners claim clean antecedent.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sitamarhi in connection with Sonbarsa P. S. Case No. 133 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T