Kodai Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41129 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

KODAI RAI S/o Late Suraj Rai Resident of Village - Ramnagar Tola Hardiya, P.S. - Chhauradano, Dist. - East Champran 2.

Radhika Devi W/o Kodai Rai Resident of Village - Ramnagar Tola Hardiya, P.S. - Chhauradano, Dist. - East Champran 3.

Kamlesh Kumar S/o Kodai Rai Resident of Village - Ramnagar Tola Hardiya, P.S. - Chhauradano, Dist. - East Champran 4.

Kabita Devi W/o Sanjay Yadav Resident of Village - Panch Pokhariya, P.s. - Adapur, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anis Akhtar- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-08-2021 Heard Md. Anis Akhtar, the learned Advocate for the petitioners and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The application with respect to petitioner no.2 is sought to be withdrawn as she has been arrested. The application with respect to petitioner no.2 is dismissed as having become infructuous.

The petitioner nos.1, 3 and 4 seek bail in anticipation of their arrest in connection with Chhauradano P. S. Case No.141 of 2020, instituted for the offences under Sections 304-

Patna High Court CR. MISC. No.41129 of 2020(4) dt.10-08-2021 2/3 B, 201/34 of the Indian Penal Code.

They are the father-in-law, brother-in-law and married sister in-law of the deceased.

It has been submitted on behalf of the petitioners that they have been made accused in this case only because of their relationship with the husband of the deceased. The accusations are absolutely vague, omnibus and general in nature. According to the information of the petitioner, the deceased was a temperamental person and on the fateful day, she had fought with her husband and had ended her life. There are indications in the police papers referring to the dead body having been recovered from a room with the door closed from the inside. The factum of death of the deceased was also made known to her relatives but because of the snapping of the relationship between the two families, this case has been lodged.

The husband of the deceased has surrendered to the process of law and has since then been in custody. Regard being had to the afore-stated facts, the petitioner nos.1, 3 and 4, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on

Patna High Court CR. MISC. No.41129 of 2020(4) dt.10-08-2021 3/3 their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Chhauradano P. S. Case No.141 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T