Lal Babu Rai @ Lalbabu Rai And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11299 of 2016 Arising Out of PS.Case No. -78 Year- 2012 Thana -NANHPUR District- SITAMARHI ======================================================
1. Lal Babu Rai @ Lalbabu Rai son of Late Nand Lal Rai,
2. Veena Devi wife of Lal Babu Rai Both resident of Village- Sirsi, P.SNanpur, District- Sitamarhi. .... .... Petitioners
Versus
1. The State of Bihar.
2. Kanhai Rai son of Late Dharkhan Rai, Resident of Village Hashauli, P.S.- Jal, District- Darbhanga.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Supplementary affidavit has been filed. Same is kept on record.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Complaint Cum Protest Case No.C-1/52 of 2013 for the offences instituted under Sections 304-B, 201 and 120-B of the Indian Penal Code.
The prosecution case, in brief, is that in the complaint-cum-protest petition, the complainant had married his daughter Mamata kumari with Randhir Kumar on 30.11.2011. She was tortured in her sasural for non-fulfillment of demand of
Patna High Court Cr.Misc. No.11299 of 2016 (2) dt.02-05-2016 2/3 motorcycle and buffalo etc. in dowry. She was physically and mentally tortured in her sasural for non-fulfillment of the aforesaid demand. The complainant learnt on 16.4.2012 at 7 P.M. that his daughter has died and her dead body has been disposed of. On query, the complainant learnt that she has been killed by the accused persons by giving her poison for non-fulfillment of demand of dowry and the accused persons have disposed of her dead body without giving information to the complainant and his family members.
It is submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. Petitioner no.1 is father-in-law and petitioner no.2 is the mother-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The deceased is said to have died in course of treatment, which is evident from Annexure-3 to the present application. After investigation, police has submitted final form vide Annexure-4 to the supplementary affidavit. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail
Patna High Court Cr.Misc. No.11299 of 2016 (2) dt.02-05-2016 3/3 on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Complaint Cum Protest Case bearing No.C-1/52 of 2013 arising out of Nanpur P.S. Case No.78 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) N.H./- U T