Shankar Rai @ Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47694 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

SHANKAR RAI @ SHANKAR SON OF LATE ASHARFI RAI R/O VILLAGE- SONMANI TOL, P.S.- BAJPATTI, DISTRICT- SITAMARHI 2.

JANKI DEVI W/O SHANKAR RAI @ SHANKAR R/O VILLAGESONMANI TOL, P.S.- BAJPATTI, DISTRICT- 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. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

The informant alleges that his daughter was married to Sanjit Rai six years ago, after marriage accused persons including the petitioners were demanding Rs. 2 lakhs and a motorcycle, further his son-in-law used to assault the victim, further on 26.01.2022 he came to know that his daughter has been killed.

The learned counsel submits that the petitioners are

Patna High Court CR. MISC. No.47694 of 2022(2) dt.15-11-2022 2/3 persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the FIR with regard to demand of dowry the same is general and omnibus in nature as it does not specifically allege against the petitioner, it is further submitted that the victim died on account of drowning. Learned counsel next submits that the marriage was six years old and in between these six years no case either by the victim or by the informant came to be filed, it is also submitted that it is the responsibility of the husband to ensure that the wife live with dignity and honour. Learned counsel also submits that the husband of the deceased is availing his remedy by filing ABP No. 3042 of 2022 which presently is pending before the learned District Court, it is also submitted that the petitioners are the father-in-law and the mother-in-law of the deceased.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.47694 of 2022(2) dt.15-11-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bajpatti P.S. Case No. 15 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T