Harendra Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51499 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -DERANI District- SARAN ======================================================

1. Harendra Rai,

2. Shyam Babu Rai

3. Birbal Rai All are sons of Paras Rai, resident of Village- Nawada, P.S.- Derani, District- Saran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Yogendra Prasad, Advocate For the Opposite Party : Mr. Sri Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail, the petitioners apprehend their arrest for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code. Allegedly, the sister of the informant was married to Prakash Rai in the year 2012. Prakash Rai and his family members were torturing his sister due to nonfulfilment of demand of motorcycle and thereafter, petitioners and others killed his sister and they were taking his sister for cremation but the dead body was found and the accused

Patna High Court Cr.Misc. No.51499 of 2016 (2) dt.19-12-2016 2/3 persons fled away.

Submission is of false implication and that the petitioners are brothers-in-law of the deceased, the marriage was solemnized four years ago, the deceased has never made any complaint of demand of dowry during her lifetime after her marriage, the petitioners had no manner of concern with the deceased and his family and infact the husband and wife were living separately from the petitioners.

The learned A.P.P. opposes the prayer for bail. It appears that the petitioners are brothers-inlaw of the deceased. No specific allegation of demand of dowry and torture is made against them. The post-mortem shows no apparent and visible cause of death. Viscera is preserved.

In the facts and circumstances stated above, petitioners Harendra Rai, Shyam Babu Rai and Birbal Rai, in case of their arrest or surrender before the Court below within four weeks from the date of receipt/ production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.51499 of 2016 (2) dt.19-12-2016 3/3 amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Derani P.S. case no. 44 of 2016 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Jitendra Mohan Sharma, J.) rinkee/- U T