Prem Sagar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40140 of 2020 Arising Out of PS. Case No.-207 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== 1.

PREM SAGAR RAI, S/o Late Ishwar Dayal Rai Resident of VillageGangauli, P.S.- Semari, District- Buxar. 2.

Nitu Devi, W/o Prem Sagar Rai Resident of Village- Gangauli, P.S.- Semari, District- Buxar.

3.

Papan Rai @ Narayan Rai, S/o Late Ishwar Dayal Rai Resident of VillageGangauli, P.S.- Semari, District- Buxar. 4.

Puja Devi, W/o Papan Rai @ Narayan Rai Resident of Village- Gangauli, P.S.- Semari, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2021 Heard Mr. Sanjeev Kumar, learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Bihiya P. S. Case No. 207 of 2020, instituted for the offences under Sections 498A, 504, 323, 307 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner nos. 1 and 3 are the elder brothers of the husband of the informant whereas the

Patna High Court CR. MISC. No.40140 of 2020(2) dt.09-06-2021 2/3 petitioner nos. 2 and 4 are the wives of petitioner nos. 1 and 3 respectively.

The learned counsel for the petitioners has submitted that they have been made accused in this case only because of their relationships with the husband of the informant and nothing else. The accusation also is highly general and omnibus in nature. For last several years, it has been argued, the petitioners have been residing separately from the informant and her husband. Considering the relationship between the parties and taking into account the general nature of accusation, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, 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 learned A.C.J.M. XII, Bhojpur at Ara in connection with Bihiya P.

Patna High Court CR. MISC. No.40140 of 2020(2) dt.09-06-2021 3/3 S. Case No. 207 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T