Avinash Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3520 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- LALGANJ District- Vaishali ======================================================

1. Avinash Kumar, Son of Naresh Rai,

2. Naresh Rai, S/o Baiju Rai.

3. Rita Devi, Wife of Naresh Rai, All resident of Village- Bedauli, P.S.- Lalganj, District- Vaishali.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Prasad For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 The appellants seek pre arrest bail in connection with Lalganj P.S. Case No. 129/18, registered for offences punishable under Sections 304B/34 of the Indian Penal Code and Section 3(1) (r) (s), 3(ii)(v) of SC/ST Act.

Appellants happen to be brother in law, father in law and mother in law respectively and allegation against them is of causing dowry death of the daughter of the informant and when the informant went to their house, they abused him by caste name.

It has been submitted on behalf of the appellants that they are brother in law, father in law and mother in law of the deceased and no specific allegation has been attributed to them

Patna High Court CR. APP (SJ) No.3520 of 2018 dt.24-01-2019 2/2 and so far allegation of abusing the informant by caste name is concerned, the same is false and concocted and for this allegation also nothing specific has been mentioned. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 129/18, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order with respect to the above appellants, is set aside. (Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.01.2019 Transmission Date 25.01.2019.