Nagendra Rai @ Nagendra Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20408 of 2017 Arising Out of PS.Case No. -10 Year- 2015 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. NAGENDRA RAI @ NAGENDRA KUMAR Son of Prakash Rai.

2. Poonam Kumari D/o Prakash Rai.

3. Kamalawati Devi W/o Prakash Rai. All are resident of Village- PiparaKuti, Verma Tola, P.S. Valmiki Nagar, District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2017 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Valmiki Nagar P.S. Case No. 10 of 2015 for the offence under sections 304(B), 201, 120B of the Indian Penal Code.

The petitioner no.1 is the brother of the husband of the deceased whereas petitioner no.2 is the daughter of the petitioner no.1 and petitioner no.3 is the mother-in-law of the deceased.

In this case, the husband of the deceased was granted

Patna High Court Cr.Misc. No.20408 of 2017 (2) dt.08-06-2017 2/3 bail vide order dated 12.1.2016 in Cr. Misc. No. 42306 of 2015. While granting bail to the husband of the deceased, this court has noted the statement regarding false implication of the husband of the deceased in the case and also noted the fact that the husband of the deceased took steps to save the deceased. Initially, she was taken to Primary Health Centre, Valmiki Nagar and thereafter, when the doctor referred for treatment to better institution she was taken to Bettiah but she died and information in this regard was sent to the informant which is evident from the written report. This Court has also noted the statement recorded under section 164 Cr.P.C. and on consideration thereof, granted bail to the husband of the deceased.

In view of the fact that the husband of the deceased was granted bail by this Hon'ble Court in Cr. Misc. No. 42306 of 2015 vide order dated 12.01.2016 and considering the fact that the petitioner as per statement on affidavit in para3 that he has no criminal antecedent, I am inclined to enlarge the petitioners, named above, on bail in the event of arrest or surrender before the court below within a period of four 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 learned Additional Chief Judicial Magistrate, Bagaha, West Champaran,

Patna High Court Cr.Misc. No.20408 of 2017 (2) dt.08-06-2017 3/3 in connection with Valmiki Nagar P.S. Case No. 10 of 2015, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T