Yugal Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.255 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== 1.
YUGAL RAY S/O LATE JANAK RAY R/V- PHULIA TOLA, P.S.- PHULWARI SHARIF, DISTRICT- PATNA AT PRESENT R/V- HULASI TOLA, P.S.- MANER, DISTRICT- PATNA 2.
SUDHA DEVI W/O YUGAL RAY R/V- PHULIA TOLA, P.S.- PHULWARI SHARIF, DISTRICT- PATNA AT PRESENT R/V- HULASI TOLA, P.S.- MANER, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2023 Heard Mr. Rabi Bhushan Prasad No.1, learned counsel for the petitioner and Mr. Jagdhar Prasad, Additional Public Prosecutor for the State.
2. Petitioners apprehend their arrest in connection with Phulwari Sharif PS Case No. 748/2022 dated 29.06.2022 registered for the offence punishable under Sections 304(B)/34 of the IPC.
3. As per First Information Report, about nine years ago, marriage of daughter of the informant was solemnized with co-accused, Suchit Kumar and due non fulfillment of demand of dowry, the accused persons including the petitioners tortured and killed the daughter of the informant.
Patna High Court CR. MISC. No.255 of 2023(2) dt.15-05-2023 2/3
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case along with other family members. The allegation against the petitioners is general and omnibus in nature. In the FIR, the informant has alleged that marriage was solemnized nine years ago, as such, Section 304(B) IPC is not made out against the petitioners. Learned counsel next submits that mother-in-law of the deceased has been allowed anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 966/2023 vide order dated 21.03.2023 whereas the petitioner no.2 is the married sister-inlaw (Nanad) and petitioner no.1 being husband of petitioner no.2 is Nandoi of the deceased.
5. On the other hand, learned counsel for the State submits that after investigation the police has submitted chargesheet against the petitioners under Section 498A/302/34 IPC and charge-sheet has not been submitted under Section 304(B) IPC
6. Regards being had to the submissions made by the parties and taking into consideration that the petitioners being Nanad and Nandoi reside separately in their own home at Maner and mother-in-law has been granted anticipatory bail by a Bench of this Court, I am inclined to grant anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.255 of 2023(2) dt.15-05-2023 3/3
7. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Civil Court, Patna in connection with Phulwari Sharif PS Case No. 748/2022 , subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T