Fakira Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39662 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Fakira Rai ,son of Late Deonandan Rai

2. Rita Devi, wife of Fakira Rai

3. Subodh Rai alias Suboda Kumar, son of Fakira Rai

4. Pramod Rai, sond of Fakira rai

5. Sita Devi, wife of Subodh Rai, all resident of village Jandhua Bagh Tola P.S. Hajipur Town, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rina Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sarai P.S. Case N0. 120 of 2016, disclosing offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner Nos. 1 and 2 are father-in-law and motherin-law respectively. Petitioner Nos. 3 and 4 are brothers of the husband of the informant. Petitioner No.5 is wife of petitioner No.3.

There is general and omnibus allegation them in the First Information Report.

It is evident from the materials on record that matrimonial discord between the husband and wife is the root cause for registration of the First Information Report. No

purpose will be served, if the petitioners are taken into custody.

It is submitted that the petitioners shall present themselves before the police as and when required and there is no chance that they will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submissions advanced on behalf of the petitioners, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Vaishali at Hajipur in Sarai P.S. Case No. 120 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U