Birendra Prasad Rai @ Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4007 of 2024 Arising Out of PS. Case No.-750 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

BIRENDRA PRASAD RAI @ BIRENDRA RAI S/O LATE DHARAMDEO RAI R/O RAHR DIYAR, P.S. SONEPUR, DISTRICT SARAN AT CHAPRA 2.

MUNNA DEVI BIJENRA PRASAD RAI @ BIRENDRA RAI R/O RAHAR DIYAR, P.S. SONEPUR, DISTRICT- SONEPUR AT CHAPRA ... ... Petitioner/s

Versus

The State Of BIHAR, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard learned counsel for the parties.

2.

Petitioners apprehend their arrest in a case registered for the offence punishable u/s 302, 201, 120-B r/w 34 of the IPC. 3.

As per the prosecution case, on the pretext of not giving birth to male child, the informant's daughter was subjected to torture by the matrimonial family and ultimately she was killed. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. Petitioner nos.1 and 2 are the father-in-law and the mother-in-law of the deceased and there is no specific overt act against them. It is submitted that the husband of the deceased and other coaccused being the sisters-in-law and the brother-in-law of the

Patna High Court CR. MISC. No.4007 of 2024(4) dt.26-04-2024 2/2 deceased have been granted anticipatory bail by this Court. It is submitted that the marriage of the informant's daughter was solemnized with one Sanjeet Kumar and out of the wedlock they have a six years old daughter. The deceased got burnt at her parental house while she was cooking meal and before the death, she was admitted to different hospitals for better treatment and whole expense of the treatment was borne by the petitioners' side. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sonepur P.S. Case No.750 of 2023, corresponding to G.R. No.7323 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T