Bigan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62384 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- MAKER District- Saran ====================================================== 1.

Bigan Rai S/o- Late Parma Rai R/o- Vill- Phulwariya, P.S- Maker, DistrictSaran at Chapra. 2.

Anita Devi wife of Bigan Rai R/o- Vill- Phulwariya, P.S- Maker, DistrictSaran at Chapra. 3.

Pappu Kumar @ Pappu Rai Son of Late Parma Rai R/o- Vill- Phulwariya, P.S- Maker, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

3.

As per the FIR, the petitioners are said to have killed the sister of the informant on the pretext of non-fulfillment of demand for dowry.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.62384 of 2024(2) dt.05-10-2024 2/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the deceased and there is no specific overt act against them. It is further submitted that the cause of death of the sister of informant is suicide. Petitioners have no concern with the death of the deceased as they live separate from the deceased and her husband. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner no.1 and 3 on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. 7.

However, as the petitioner no.2 is a lady, let the above named petitioner no.2, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Maker P.S. Case No.86 of 2024, subject to the conditions

Patna High Court CR. MISC. No.62384 of 2024(2) dt.05-10-2024 3/3 as laid down under Section 438(2) of the Cr.P.C. 8.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T