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Patna High CourtCR. MISC./63463/2018bail granted

Dinesh Rai @ Binesh Rai And ANR v. The State Of Bihar

2018-12-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63463 of 2018 Arising Out of PS. Case No.-189 Year-2017 Thana- DIGHA District- Patna ======================================================

1. Dinesh Rai @ Binesh Rai, aged about 65 years, S/o Late Jagarnath Rai, null

2. Dhanwanti Devi, aged about 60 Years, W/o Sri Dinesh Rai, Both are resident of Village Nakta Diara, Nayatola, P.S.- Digha, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that informant's daughter was allegedly done to death by in-laws.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Petitioners are father-in-law and mother-in-law of the deceased. They are separate in mess and property from

Patna High Court Cr.Misc. No.63463 of 2018(2) dt.19-12-2018 2/2 husband of the deceased. The informant has retracted from his earlier statement which is evident from Annexure-2 to the present application. The matter has already been compromised between the parties, The other co-accused namely Ganesh Rai with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide order dated 19-11-2018 passed in Cr. Misc. No. 61393 of 2018.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Sub Divisional Judicial Magistrate, Patna in connection with Dgha P.S. Case No. 189 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T