Nandu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62635 of 2019 Arising Out of PS. Case No.-209 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Nandu Devi, female, 30 years, Wife of Rinku Rai @ Rinku Ray 2.

Rinku Rai @ Rinku Ray, male age 38 years, Son of Anil Rai @ Anil Ray Both Residents of Village - Shokhara-01, Ward No.9, Vishkarma Tola, P.SPhulwaria, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Informant has alleged that his daughter was married with Jyoti Singh and after some time of marriage, her husband and in-laws started torturing her for non-fulfillment of demand of dowry. On 04.06.2019, he came to know that his daughter is missing from 3.6.2019. Informant suspected that F.I.R. named accused including the petitioners have killed the deceased and disappeared her dead body.

Patna High Court CR. MISC. No.62635 of 2019(3) dt.28-11-2019 2/3 It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. Petitioner no.1 is nanad (sister-in-law) and petitioner no.2 is nandosi (brother-in-law) of the daughter of the informant. Petitioners have no criminal antecedent. It has further been submitted that petitioners undertake that husband of the deceased will surrender before the court below.

Considering the aforesaid facts and circumstances of the case and undertaking given by the petitioners that husband of the deceased will surrender before the court below and after such surrender, petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Teghra P.S. Case No.209 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.62635 of 2019(3) dt.28-11-2019 3/3 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Sanjay/- U T