Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86111 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Mahesh Rai, aged about 34 years, male, Son of Harendra Rai. 2.

Bibha Devi, aged about 33 years, female, Wife of Mahesh Rai. 3.

Harendra Rai, aged about 70 years, male, Son of Jimdar Rai. 4.

Panwati Devi, aged about 67 years, female, Wife of Harendra Rai. 5.

Sushila Devi, aged about 31 years, female, Wife of Kundan Rai. All resident of Village - Sultanpur Khajbatta, P.S. - Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2020 Heard Mr. Satya Prakash Sinha, learned counsel for the petitioners and learned APP for the State. The application with respect to petitioner No. 3/Harendra Rai is being withdrawn by the learned counsel for the petitioners as he has been arrested during the pendency of the petition.

Patna High Court CR. MISC. No.86111 of 2019(3) dt.17-06-2020 2/3 The application with respect to petitioner No. 3, therefore, stands dismissed as having become infructuous. Petitioner Nos. 1, 2, 4 and 5 seek bail in anticipation of their arrest in connection with Bidupur P.S. Case No. 236 of 2019, dated 11.06.2019, instituted for the offences under Sections 304(B) and 201/34 of the Indian Penal Code.

Petitioner No. 1 is the brother-in-law of the deceased, whereas petitioner No. 2 is the sister-in-law of the deceased and the wife of petitioner No. 1. Petitioner No. 4 is the mother-in-law of the deceased and petitioner No. 5, again, is the sister-in-law of the deceased.

It has been submitted on behalf of the petitioners that they have been made accused in this case only because they are related to the husband of the deceased. Though the husband of the deceased had also filed an application for anticipatory bail, but before the petition could be adjudicated, he has been arrested and is now in custody. The informant of this case has filed an application before the Court of learned Chief Judicial Magistrate stating

Patna High Court CR. MISC. No.86111 of 2019(3) dt.17-06-2020 3/3 that he has lodged the case on wrong tutoring and wrong information given by the villagers.

Regard being had to the nature of accusation against petitioner Nos. 1, 2, 4 and 5 and their relationship with the deceased, they, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 236 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T