Ramanuj Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36973 of 2015 Arising Out of PS.Case No. -100 Year- 2014 Thana -DARIYAPUR District- SARAN ======================================================

1. Ramanuj Rai son of lok Nath Rai

2. Bhuteli Rai son of Lok Nath Rai both are resident of village- Akilpur , P.s Dariyapur, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhaw Prasad Yadaw For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in jail since 24.06.2015 in a case registered for offences alleged under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

The prosecution case is based upon the written information written by one Shailenda Kumar and submitted by the informant Ravindra Rai before the Thanadhyaksh, Dariyapur on 17.05.2014 at about 13.00 P.M. alleging therein that the informant received information on his mobile that his sister Raj Matiya Devi, wife of the accused Dhorai Rai was killed and her dead body was concealed by her in laws. The marriage of the deceased Rajmatiya

Patna High Court Cr.Misc. No.36973 of 2015 (2) dt.31-08-2015 2/3 Devi was solemnized with the accused Dhorai Rai about 15 years ago. The husband of his sister namely, Dhorai Rai was addicted to dirnk and he used to sell his land and his sister opposed the same. The petitioners persuaded the deceased husband to kill her. All are unhappy that she had no issue after lapse of marriage of 15years. Upon the information, the informant and his nephew Shailendra Kumar came at her in laws village, where no one of her in laws family member was found. He got secret information that all the accused persons had had gone to dispose of dead body of his sister whereupon he and his nephew went to search but in vain. Learned counsel for the petitioners submits that the petitioners are pattidar of the deceased husband and already husband of the deceased, has been granted bail by this Court vide Cr. Misc. No. 1999 of 2015 dated 19.01.2015. I do not propose to take a different view.

In view of the facts and circumstances, let the petitioners, namely, Ramanuj Rai and Bhuteli Rai 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 Shri Arbind Kumar, learned Judicial Magistrate, 1st class, Saran at Chapra in connection with Dariyapur P. S. Case No. 100 of 2014,subject to the following conditions:-

Patna High Court Cr.Misc. No.36973 of 2015 (2) dt.31-08-2015 3/3 I) One of the bailors will be the close relative of the petitioners.

II) The petitioners will not indulge in similar or in any other offence.

III) The petitioners will be well represented in the Court.

IV) In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bonds will be liable to be cancelled by the Court concerned.

(Nilu Agrawal, J) Sudha/- U T