Divakar Rai @ Divakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57824 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- SALIMPUR District- Patna ====================================================== 1.

Divakar Rai @ Divakar Kumar Son of Niranjan Rai R/V- Kaladiyara P.SSalimpur, Dist- Patna 2.

Mamta Devi @ Mamta Kumari Wife of Karmveer Kumar R/V- Rampur Shyamchand P.S- Raghopur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Usha Kumari Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 304(B) of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

It is a case of dowry death. Petitioner no. 1 is brotherin-law (Bhaisur) and petitioner no. 2 is married sister-in-law (Nanad).

It is submitted on behalf of the petitioner that husband of the deceased has already been acquitted by the court below vide order dated 03.06.2022 passed in Sessions Trial No. 692 of

Patna High Court CR. MISC. No.57824 of 2022(2) dt.16-03-2023 2/2 2022 by the learned District & Sessions Judge, Barh, Patna. Petitioner no. 1 is brother-in-law (Bhaisur) and petitioner no. 2 is married sister-in-law (Nanad) of the deceased and they are living separately and have got no concern with the family affairs of the deceased and her husband. Petitioners are having no criminal antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the learned Judicial Magistrate Ist Class, Barh, Patna in connection with Salimpur P.S. Case No. 36 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T