Patna High CourtCR. MISC./19444/2016bail granted

Raj Kumar Rai And ANR v. State Of Bihar And ANR

2016-05-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19444 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -ANDHRATHARI District- MADHUBANI ======================================================

1. Raj Kumar Rai son of Late Bhai Lal Rai

2. Ghuran Rai Son of Late Bhai Lal Rai resident of Arer Laxmipur, P.S. Arer Hat, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar. null null

2. Munni Kumari @ Munni Devi D/o Umesh Kumar Rai resident of Village- Magrauni, P.S. Andhrathardhi, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 Heard learned counsels for the petitioner and the State. The petitioners being the brothers of the husband of the informant are apprehending arrest in a case registered for the offences punishable under Sections 342, 323, 354, 379, 307 and 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The prosecution case is that the petitioners and others used to torture the informant for non-fulfillment of the dowry demand. It is also alleged that the petitioners administered poison through milk to the informant, however, the informant survived. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire in-laws

Patna High Court Cr.Misc. No.19444 of 2016 (2) dt.03-05-2016 2/2 family and there is nothing on record to suggest that the poison was actually administered by the petitioners. Thrust of accusation is against the husband of the informant.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM, 1st Class, Jhanjharpur, Madhubani in connection with Andhratharhi P.S. Case No. 95 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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