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Patna High CourtCR. MISC./43105/2018dismissed

Sipahi Rai @ Ram Sarekh Rai And ANR v. The State Of Bihar

2018-08-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43105 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Sipahi Rai @ Ram Sarekh Rai, S/o late Harvanshu Rai,

2. Aruna Devi W/o Sipahi Rai @ Ram Sarekh Rai, R/o Both Vill.- Harpur Gopal, P.S.- Bidupur, Disrict- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bidupur P.S.Case No.83 of 2018 registered for offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Allegation against the petitioners is of committing dowry death of the deceased and the petitioners are said to be father-inlaw and mother-in-law. Submission of the learned counsel for the petitioners is that the deceased was suffering from abdomen pain as such she died and the family members of the informant and others also participated in the cremation.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.43105 of 2018 (3) dt.16-08-2018 2/2 informant. They have drawn my attention towards the impugned order stating that the informant had informed to the SDPO that the in-laws of the deceased have assaulted on head of the deceased ad thereafter strangulated her and also disposed of the dead body.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T