Kailu Rai @ Kapildev Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62003 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- JURAWANPUR District- Vaishali ====================================================== 1.

Kailu Rai @ Kapildev Rai Son of Jatdhari Rai Resident of Village - Raghopur Purvi Ward No. 12, P.S. - Jurawanpur, District - Vaishali 2.

Chus Rai Son of Kailu Rai @ Kapildev Rai Resident of Village - Raghopur Purvi Ward No. 12, P.S. - Jurawanpur, District - Vaishali 3.

Gayatri Devi Wife of Kailu Rai @ Kapildev Rai Resident of Village - Raghopur Purvi Ward No. 12, P.S. - Jurawanpur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2, submitting that during pendency of this application petitioner no.2 has been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2 only.

5. Now this application survives for petitioner nos.1&3.

6. The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.62003 of 2024(3) dt.13-12-2024 2/3 registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

7. All the F.I.R. named accused persons including the petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting and pressing her neck.

8. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They have been made accused in the present case merely because they are father-inlaw and mother-in-law of the deceased, respectively. The real fact is that the petitioners have been living separate from their son since long. They have no role in the alleged occurrence. It is further submitted that the husband of the deceased is already in judicial custody and petitioners have no criminal antecedent as mentioned in para-3 of this application.

9. Learned APP for the State opposes the prayer for bail.

10. Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.62003 of 2024(3) dt.13-12-2024 3/3 case, since the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Jurawanpur P.S. Case No.36 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

11. Accordingly, this application stands partly allowed. (Anjani Kumar Sharan, J) divyanshi/- U T