Sushil Rai @ Gorakh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49163 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- GAURICHAK District- Patna ====================================================== 1.
SUSHIL RAI @ GORAKH RAI Son of Late Ram Rai Resident of VillageJamalpur, P.S.-Gaurichak, District-Patna. 2.
Bimla Devi Wife of Sushil Rai @ Gorakh Rai Resident of Village-Jamalpur, P.S.-Gaurichak, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the parties.
Petitioners are apprehending their arrest in connection with Gaurichak P.S.Case No.112 of 2019 , registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.
As per FIR, petitioner happens to be father-in-law and mother-in-law and there is allegation of demand and torture and causing death of the deceased.
Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners rather the whole allegation has been made against all the family members and as a matter of fact she had
Patna High Court CR. MISC. No.49163 of 2019(4) dt.24-10-2019 2/2 committed suicide.
On the other hand the learned counsel for the informant, who has appeared suo motu has submitted that she was killed by throttling her but he has not controverted the above fact that there is general and omnibus allegation so far these petitioners are concerned.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of6 Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Patna City, Patna in connection with Gaurichak P.S.Case No.112 of 2019, subject to conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T