Rash Bihari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71152 of 2022 Arising Out of PS. Case No.-158 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

RASH BIHARI RAI Son of Late Jan Rai R/v- Maharani, P.S.- Mahammadpur, District- Gopalganj 2.

URMILA DEVI Wife of Rash Bihari Das R/v- Maharani, P.S.- Mahammadpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(b), 201, 34 of the Indian Penal Code.

The allegation against the petitioners is that they killed the daughter of the informant in association with their family members on the pretext of non-fulfillment of demand for dowry. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.71152 of 2022(2) dt.14-03-2023 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. The petitioners are the in-laws of the deceased. He further submits that the brother-in-law and husband of the deceased has already been acquitted by the Trial Court itself, which is also apparent from Annexure-2 of the bail application. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mahammadpur P.S. Case No.158 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T