Dhakhal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65869 of 2022 Arising Out of PS. Case No.-198 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Dhakhal Rai Son of Late Jang Bahadur Rai Resident of village - Belajitpur, P.S.- Jitna, District - East Champaran Motihari. 2.

Champa Devi @ Rambha Devi Wife of Dakhal Rai Resident of village - Belajitpur, P.S.- Jitna, District - East Champaran Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2023 Heard the parties.

The petitioners are apprehending arrest in connection with Ghorasahan (Jitna) P.S. Case No. 198/2020 for the offence under Section 302/34 of the I.P.C. lodged on 26.5.2020 by the informant namely Anil Kumar.

The prosecution story, in brief, is that the informant alleged that there was a quarrel between the lady and Sikandar Rai (husband) relating to cooking and after some quarrel, she committed suicide. However, there was allegation of having murdered her and the accused person thereafter, fled away. Accordingly, the F.I.R.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.65869 of 2022(2) dt.11-04-2023 2/2 petitioner that the lady actually committed suicide and taking into account the aforesaid fact that the husband has already been granted bail vide Cr. Misc. 5223 of 2021 on 14.09.2021. It is his further submission that petitioners are fatherin-law and mother-in-law, nothing to do with the family affairs of the deceased and/or her husband.

Taking into account the aforesaid fact that the husband has already been granted bail, the petitioners being his parents and they have no criminal antecedent, this Court is inclined to extend them the privilege of anticipatory bail. Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sikarahana at Dhaka, East Champaran, Motihari, in connection with Ghorasahan (Jitna) P.S. Case No. 198/2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/KiranU T