Jai Shanker Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54753 of 2018 Arising Out of PS. Case No.-357 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Jai Shanker Rai, Son of Mohit Rai

2. Mina Devi, W/o Jai Shanker Rai

3. Pintu Rai, Son of Jai Shanker Rai, All residents of VillageBalua, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP48 For the Informant :

Mr. Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

A case under Section 498-A of the Indian Penal Code was going on in between the victim of dowry death and the inlaws including, the petitioners. Allegation is that she was done to death for nonfulfillment of dowry demand. The husband is already in custody. Submission of the learned counsel for the petitioners is that the petitioners are separated from the husband since long by metes and bounds. Moreover, no witness has supported the

Patna High Court Cr.Misc. No.54753 of 2018(2) dt.25-10-2018 2/2 aforesaid allegation before the Police as an eyewitness of the occurrence. The allegation is general and omnibus against the petitioners.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the entire facts of this case, especially the general and omnibus nature of allegation and the fact that husband of the victim is already in custody, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Runnisaidpur Police Station Case No.357 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners. (Birendra Kumar, J) abhishek/- U T