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Patna High CourtCR. MISC./63220/2017allowed

Keshav Rai And ANR v. The State Of Bihar

2018-01-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63220 of 2017 Arising Out of PS.Case No. -238 Year- 2017 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Keshav Rai, S/o Bachchan Rai, R/o Village-Brahmain, P.S.-Uchaka Gaon, District-Gopalganj

2. Sunar Devi @ Sunder Devi @ Sundari Devi, W/o-Keshav Rai, R/o Village-Brahmain, P.S.-Uchaka Gaon, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioners, the learned counsel for the informant and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Uchakagaon P.S. Case No. 238 of 2017 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The allegation against the petitioners and other accused persons are of setting the deceased lady on fire for want of dowry articles like Bolero vehicle, gold chain etc. The learned counsel for the petitioners submits that the petitioners herein are mother-in-law and father-in-law of the victim lady and the husband is in custody and the fact is that the

Patna High Court Cr.Misc. No.63220 of 2017 (2) dt.11-01-2017 2/2 husband has been taken into custody from the hospital itself since he got injured while saving his wife. The petitioners are said to have a clean antecedent.

The learned counsel for the informant, vehemently, opposes the prayer for bail.

Having regard to the facts and circumstances of the case, more particularly the fact that the husband is in custody, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Gopalganj in connection with Uchakagaon P.S. Case No. 238 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T