Shambhu Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26843 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -MANIYARI District- MUZAFFARPUR ======================================================
1. Shambhu Rai son of late Ramdeo Rai.
2. Deepak Rai @ Deepak Kumar son of Shambhu Rai.
3. Akali Devi wife of Shambhu Rai.
4. Jhalo Devi Daughter of Shambhu Rai All are resident of Village Marnizf, Police Station- Maniyari, District-Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 The petitioners being the father-in-law, husband's brother(Devar), mother-in-law and sister-in-law(Nanad) of the victim apprehend their arrest in a case registered under sections 302/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
The accusation is of killing of the daughter of the informant after eight years of marriage, since the husband of the victim had illicit relation with one Manju Devi. It is submitted by the learned counsel for the petitioners that there is accusation against the husband of the victim , and the post mortem report reflects the death due to asphyxia caused by
Patna High Court Cr.Misc. No.26843 of 2015 (2) dt.21-07-2015 2/2 drowning . No external injury has been found on the dead body. It is submitted by the learned counsel for the petitioners that the victim was suffering from some mental depression and she fell down in the well during such depression.
Considering the fact that the post mortem report does not reflect any external injury , let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Maniyari P.S. Case No. 90 of 2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) B.Roy/- U