Birendra Rai And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44393 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Rai, Son of Ekbal Rai,

2. Sushila Devi W/o Birendra Rai,

3. Nibha Kumari

4. Bibha Kumari Both D/o Birendra Rai, All R/o VillageMadilwa, P.S.- Chiraiya, District- East Champaran.

5. Ajay Rai, Son of Dhoouplal Rai, R/o Village- Vishunpurva, P.S.- Darpa, District- East Champaran.

.... .... Petitioners

Versus

1. The State of Bihar .

2. Nikki Devi W/o Lalan Kumar @ Lalan Kumar Yadav, D/o Subhnarayan Prasad Yadav, R/o Village- Godhiya, P.S.- Lakhaura, District- East Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ranjeet Kumar Singh, Advocate. For the State : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Chiraiya P.S. Case No. 134/2017, G.R. No. 631/2017 for the offences instituted under Sections 341, 323, 498(A), 308, 379, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the informant due to

Patna High Court Cr.Misc. No.44393 of 2017 (2) dt.15-09-2017 2/3 non-fulfillment of demand of dowry.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case due to petty family dispute. The petitioner no.1 is the father-in-law, petitioner no. 2 is the mother-in-law, petitioner nos. 3 and 4 are unmarried Nanads of the informant and petitioner no. 5 is the maternal uncle of the husband of the informant. They are separate in mess and property from the husband of the informant. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. It has been submitted by learned counsel for the State that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Chiraiya P.S. Case No. 134/2017, G.R. No. 631/2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Sikarhana,

Patna High Court Cr.Misc. No.44393 of 2017 (2) dt.15-09-2017 3/3 Dhaka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T