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Patna High CourtCR. MISC./27352/2018bail granted

Bindu Rai And ANR v. The State Of Bihar

2018-05-08Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27352 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- AKILPUR District- Patna ======================================================

1. Bindu Rai, S/o- Late Jag Nath Rai @ Jagarnath Rai,

2. Baby Devi, W/o- Bindu Rai, Both are R/o-Vill.- Akilpur, P.S.- Akilpur, District- Patna.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Singh For the Opposite Party/s :

Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-05-2018 Heard learned counsels for the petitioners and State. The petitioners being the parents of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC. The prosecution case, as per the written report of Bipin Kumar, dated 22.07.2017 submitted to the Station House Officer, Akilpur P.S. is to the effect that the informant married his sister Rinku Kumari with Santosh Kumar about one year prior to the lodging of the present case. Subsequent to the marriage, further demand of dowry of Rs. 2 lacs and a motorcycle was made and due to non-fulfillment of the same, torture was inflicted to the victim. On 21.07.2017, at 2.30 PM, informant came to know through telephonic information that his sister is dead, thereafter, on 22.07.2017, the informant went to

Patna High Court Cr.Misc. No.27352 of 2018(2) dt.08-05-2018 2/3 in-laws house of his sister and came to know that she has been killed and dead body has been disposed off.

It is submitted by learned counsel for the petitioners that the accusation is not specific against the petitioners. The thrust of accusation is against the husband of the victim. Moreover, the victim herself consumed something poisonous whereas the family members made an attempt to provide medical assistance, but on way to hospital, she died. Moreover, after information being supplied to the informant, the dead body of the victim was disposed off.

It is further submitted that the other family members of the petitioners have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 7639 of 2018.

Learned APP submits that the petitioners are named in the FIR.

Considering the thrust of accusation against the husband of the victim and the fact that other family members of the petitioners have been granted privilege of anticipatory bail, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail

Patna High Court Cr.Misc. No.27352 of 2018(2) dt.08-05-2018 3/3 bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M.- 1st Class, Danapur at Patna in connection with Akilpur P.S.Case No. 23 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T