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Patna High CourtCR. MISC./70605/2021bail granted

Vinod Kumar Rai v. The State Of Bihar

2022-08-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70605 of 2021 Arising Out of PS. Case No.-288 Year-2021 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Vinod Kumar Rai S/o Vikarma Rai R/o Village- Baispura, P.S.- Kargahar, District- Rohtas at Sasaram.

2.

Bindu Devi W/o- Vinod Kumar Rai R/o Village- Baispura, P.S.- Kargahar, District- Rohtas at Sasaram.

3.

Dinanatha Rai S/o Vikarma Rai R/o Village- Baispura, P.S.- Kargahar, District- Rohtas at Sasaram.

4.

Ritesh Rai Son of Ninanath Rai R/o Village- Baispura, P.S.- Kargahar, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Ms/Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304B/201/34 of the Indian Penal Code.

As per the prosecution case, petitioners and other family members caused death of the daughter of the informant due to non-fulfilment of demand of dowry.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.70605 of 2021(4) dt.01-08-2022 2/2 case. There is general and omnibus allegation against the petitioners and no specific overt act has been alleged against them. Petitioners no.1 and 2 are father-in-law and mother-inlaw of the deceased, whereas petitioner no.3 is uncle of the husband of the deceased and petitioner no.4 is cousin of the husband of the deceased. They are separate in mess and business and have no concern with the affairs of the deceased and her husband. Thrust of allegation is against the husband of the deceased, who is already in custody.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 Additional Chief Judicial Magistrate IV, Kaimur at Bhabua in Bhabua Kudra Police Station Case No. 288 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T