Neha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48179 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- TARAIYA District- Saran ====================================================== 1.

NEHA KUMARI, D/o Ramnath Ray Resident of Village - Fenhara, P.S.- Taraiya, Distt - Saran.

2.

Manoj Ray Son of Late Nageshwar Ray Resident of Village - Fenhara, P.S.- Taraiya, Distt - Saran.

3.

Ramnath Ray Son of Late Nageshwar Ray Resident of Village - Fenhara, P.S.- Taraiya, Distt - Saran.

4.

Lalti Devi Wife of Ram Nath Rai Resident of Village - Fenhara, P.S.- Taraiya, Distt - Saran.

5.

Urmila Devi Wife of Manoj Rai Resident of Village - Fenhara, P.S.- Taraiya, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners, being the niece, brothers, brothers' wives of the husband of the victim, are apprehending arrest in a case registered for the offences punishable under Sections 302, 328, 498A/34 of the Indian Penal Code.

The prosecution case got initiated on the Fardbeyan of Prabhawati Devi, recorded by A.S.I., Pankaj Pandit, Bhagwan Bazar Police Station on 28.08.2018 at 11.45 A.M. at Sadar

Patna High Court CR. MISC. No.48179 of 2019(24) dt.02-08-2019 2/3 Hospital, Chapra to the effect that the daughter of the informant Rinki Devi @ Rinku Devi was married with co-accused, Sanjay Rai in the year 2009. Subsequently, the married couple blessed with two female children. The in-laws family members used to torture and assault the victim and ultimately on 27.08.2018, the daughter of the informant was killed by poisoning. It is submitted by learned counsel for the petitioners that at the initial stage of investigation only the husband of the victim Sanjay Rai was chargesheeted whereas the investigation with regard to petitioners remained pending is pending co-accused Sanjay Rai being the husband of the victim has been acquitted vide judgment dated 5th of April, 2019 passed in Sessions Trial No.773 of 2018/ C.I.S. No. 773 of 2018 by the learned 11th Additional District and Sessions Judge, Saran at Chapra, as contained in Annexure-2 to the bail petition. . It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the accusation being omnibus and general against the petitioners and the thrust of accusation is against the husband of the victim who has been acquitted, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.48179 of 2019(24) dt.02-08-2019 3/3 within a period of 12 weeks from today, 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 ACJM-IX, Saran, Chapra in connection with Taraiya P.S. Case No.234 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T