Subhash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59226 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- DIGHA District- Patna ====================================================== 1.

SUBHASH RAI Son of Late Krishna Rai Resident of Moh. Digha Patipul Gali, P.S. Digha Dist- Patna.

2.

Sushila Devi Wife of Subhash Rai Resident of Moh. Digha Patipul Gali, P.S. Digha Dist- Patna.

3.

Babita Devi Wife of Rinkiu Yadav Resident of Moh. Digha Patipul Gali, P.S. Digha Dist- Patna. At. Present Petitioner No.3 resident of Biteohwar Mandir, Bihta, P.S. Bihta Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, registered in connection with Digha P.S. Case No. 282 of 2019.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be the father-in-law, mother-in-law and sister-in-law, respectively, of the informant. The accusations are general and omnibus in nature. It is the first case of its nature, since the parties

Patna High Court CR. MISC. No.59226 of 2019(2) dt.19-09-2019 2/3 were married in the year 2017. Petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners 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 learned S.D.J.M., Patna in connection with Digha P.S.Case No. 282 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner no.1 shall remain

Patna High Court CR. MISC. No.59226 of 2019(2) dt.19-09-2019 3/3 physically present in Court on each and every date during trial and petitioner nos. 2 and 3 shall be well represented in court on each and every date during trial, except as and when directed by the learned court below to be physically present and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T