Patna High CourtCR. MISC./51925/2016allowed

Rakesh Kumar And ORS v. The State Of Bihar

2017-01-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51925 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Rakesh Kumar,

2. Niraj Kumar, Both sons of Late Rajendra Yadav,

3. Most. Radha Devi, Wife of Late Rajendra Yadav, All resident of village - Chhoti Mirzapur, P.S. Kasim Bazar, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Kasim Bazar P.S. Case No. 93 of 2016 registered under Sections- 498A, 304B/34 of the Indian Penal Code. The allegation against the petitioners, who are Devar and mother-in-law of the deceased, is of torture and assault due to non-fulfillment of demand of dowry. Ultimately, the deceased was done to death by her in-laws including the husband.

Learned counsel for the petitioners submits that petitioners are separate in house and mess and they have no

Patna High Court Cr.Misc. No.51925 of 2016 (3) dt.28-01-2017 2/2 concern with the affairs between husband and wife. It is further submitted that allegations levelled are general and omnibus in nature. It is further submitted that the deceased was earlier married to one Fantush Yadav who out of anger murdered the deceased.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 93 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T