Ramshrestha Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72090 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== 1.
Ramshrestha Rai Son of Late Gaghubar Rai Resident of Village - Janardanpur, Police Station - Kalyanpur, District- Samastipur. 2.
Bindu Devi, Wife of Ramshrestha Rai, Resident of Village - Janardanpur, Police Station - Kalyanpur, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 304(B) / 201 of the Indian Penal Code.
3. It is a case of 'dowry death'.
4. Petitioner no. 1 & 2 are father-in-law and motherin-law respectively of the deceased. There is general and omnibus allegation. Thrust of the allegation is against husband of the deceased. Petitioners are separate in mess & property and have got no concern with the affairs of deceased and her husband. The alleged occurrence took place on 12.06.2019 and
Patna High Court CR. MISC. No.72090 of 2023(3) dt.29-02-2024 2/2 complaint petition was filed belatedly on 02.08.2019 and thereafter, F.I.R. has been lodged on 02.12.2022 i.e. after 31⁄2 years of the alleged occurrence. Some of the co-accused persons, having similar allegation, have been enlarged on anticipatory bail by a coordinate Bench of this Court, vide order dated 19.08.2023 passed in Cr.Misc. No. 47133 of 2023 (Annexure - 3).
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Samastipur in connection with Kalyanpur P.S. Case No. 387 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T