Janak Dhari Ray And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20160 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -DARIYAPUR District- SARAN ======================================================
1. Janak Dhari Ray , S/o Late Gaya Ray
2. Sudhir Ray , S/o Janak Dhari Ray
3. Santra Devi, W/o Janak Dhari Ray
4. Madhu Kumari, Daughter of Janak Dhari Ray
5. Jhunki Devi, Wife of Sudhir Ray All are resident of village - Dharmagat Tola, P.S. Dariyapur, District - Saran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23537 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -DARIYAPUR District- SARAN ====================================================== Randhir Ray @ Randhir Kumar Ray, Son of Janak Dhari Ray, resident of Village- Dharmagat Tola, P.S.- Dariyapur, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.20160 of 2015) For the Petitioner/s : Mr. Rajendra Kishore Prasad, Advocate Mr. Madhukar Pandey, Advocate For the Opposite Party/s : Ms. Asha Kumari (APP) (In Cr.Misc. No.23537 of 2015) For the Petitioner/s : Mr. Rajendra Kishore Prasad, Advocate Mr. Madhukar Pandey, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-06-2015 Since both the criminal miscellaneous applications arise out of the same police station case, they have been heard together and are being disposed of by this common order.
Patna High Court Cr.Misc. No.20160 of 2015 (2) dt.25-06-2015 2/3 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners are apprehending their arrest in connection with Dariyapur P.S. Case No.21 of 2015 for allegedly having committed the offences under Sections 304B and 201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that there was no dispute between the family members with regard to dowry or otherwise and the deceased had died a natural death during the course of second pregnancy. In order to substantiate the same, learned counsel for the petitioners has drawn the attention of this Court to Annexure 2, which is a medical certificate from the Primary Health Centre, which shows that the deceased died of heavy bleeding caused during child birth. Considering the aforementioned submissions and the medical certificate on record, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Chapra, District-
Patna High Court Cr.Misc. No.20160 of 2015 (2) dt.25-06-2015 3/3 Saran, in connection with Dariyapur P.S. Case No.21 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T