Naulesh Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30827 of 2018 Arising Out of PS. Case No.-127 Year-2003 Thana- DANAPUR District- Patna ======================================================

1. Naulesh Rai, son of Sita Ram Rai.

2. Rinku Kumari, D/o- Sita Ram Rai.

Both are R/o- Gonghara, P.S.- Danapur (Shahpur), DistrictPatna, at present R/o- Sitalpur, P.S.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Danapur (Sahpur) P.S. Case No.127 of 2003 registered under Sections 304(B), 201 and 120(B)/34 of the Indian Penal Code. The accusation is of killing the deceased, the sister of the informant, by her husband and other in-laws due to non-fulfillment of the dowry demand and to dispose of her dead body. Learned counsel for the petitioners submits that the petitioner no.1 is brother-in-law and the petitioner no.2 is the sisterin-law of the deceased, the sister of the informant, and both have falsely been implicated in this case. In fact, the marriage of the deceased, the sister of the informant, was performed with Surendra

Patna High Court Cr.Misc. No.30827 of 2018(2) dt.11-06-2018 2/2 Rai, before six years of the occurrence, and she died due to illness and her last funeral ceremony was performed but with an ulterior motive, the informant, who is the brother of the deceased, has lodged this false case. Moreover, the informant has filed a compromise petition in the court of Shri Sandeep Kumar, Judicial Magistrate, First Class, Danapur, Patna, on 23.12.2017, which would appear from Annexure- '2' to this application, to the effect that the present case has been lodged due to misunderstanding. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Sandeep Kumar, Judicial Magistrate, First Class, Danapur, Patna, in connection with Danapur (Shahpur) P.S. Case No.127 of 2003, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T