Nageshwar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13590 of 2018 Arising Out of PS. Case No.-244 Year-2017 Thana- DALSINGHSARAI District- Samastipur ======================================================

1. Nageshwar Rai, Son of Late Gauri Rai.

2. Lalita Devi, Wife of Nageahwar Rai,

3. Ranjeet Kumar Rai, son of Nageshwar Rai, All are resident of Village- Alampur, Police Station- Vidyapatinagar, DistrictSamastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Choudhary Shyam Nandan For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-06-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with Dalsingsarai P.S. Case No. 244 of 2017 registered under Sections 304B and 201/34 of the Indian penal Code.

Allegation in brief is that due to non- fulfillment of demand of dowry, informant's daughter was killed by accused persons.

Submission is that petitioners are father-in-law, motherin-law and brother-in-law of the deceased and the husband of the deceased was in the service of Indian Military and, at that time, was on duty somewhere in Kashmir and daughter-in-law of the petitioners no. 1 & 2 was going to her parent's home by a

Patna High Court Cr.Misc. No.13590 of 2018(6) dt.18-06-2018 2/2 Maruti car and on the way her car met with an accident and fell into the river as a result she died.

Whereas learned counsel for the State submits that husband was on duty in Kashmir and she was residing with the petitioners at village home and investigation reveals that she was first killed by throttling thereafter a colour of accident was given and ante-mortem injuries were also found on her face and neck.

Having considered the aforesaid facts and circumstances, the Court is not persuaded to grant bail to the petitioners no. 1 and 3 namely Nageshwar Rai and Ranjeet Kumar Rai. Accordingly, their prayer of bail is rejected. However, petitioner no. 2, Lalita Devi, mother-in-law, being a lady, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge 1st, Samastipur in connection with Sessions Trial No. 809 of 2017 arising out of Dalsingsarai P.S. Case No. 244 of 2017.

(Arun Kumar, J) sujit/- U T