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Vishwanath Rai and Ors. v. The State Of Bihar

Patna HC10 Nov 2017CR. MISC./47439/2017

Case brief

AI extract

What is this about?

In a Family Court case arising from a dowry death investigation, the Patna High Court granted anticipatory bail to family members of the deceased. The court noted lack of specific allegations of torture against them.

What did the court decide?

Release of petitioners on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties to the CGM, Samastipur.

Vishwanath Rai and Ors. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47439 of 2017

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Arising Out of PS.Case No. -211 Year- 2017 Thana -PATORI District- SAMASTIPUR

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====================================================== 1. Vishwanath Rai, Son of Basu Rai, 2. Shambhu Rai, Son of Basu Rai,

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Geeta Devi, W/o Shambhu Rai,

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Dhanpatoiya Devi, W/o Basu Rai,

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Manita Devi, W/o Vishwanath Rai,

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Aradhana Kumari, D/o Vishwanath Rai, All R/o Village- Inayatpur, P.S.Patori, District- Samastipur .... Petitioners Versus 1. The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. S.N.P. Sinha, Sr. Adv. with M/S Rashmi Bharti & Jitendra Narain Sinha, Advs. For the State : Mr. Mukeshwar Dayal, APP 37 For the informant : M/S Bhola Prasad & Akhilesh Kumar, Advs. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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Heard Mr. S.N.P. Sinha, the learned Senior Advocate, appearing for the petitioners, Mr. Bhola Prasad, the learned counsel for the informant as well as the Additional Public Prosecutor.

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3 10-11-2017

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The petitioners apprehend their arrest in Patori P.S. Case No. 211 of 2017 registered under Section 304B/34 of the Indian Penal Code.

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The brother of the deceased alleged that his sister was married to Sanjay Kumar Rai about five years ago, but, her husband and other in-laws were always torturing her due to nonfulfillment of demand of dowry. The informant gave rupees seventy-five thousand and other articles, but, even, thereafter, the accused persons continued to torture his sister. It is, further, alleged that on 07.06.2017, the accused persons poisoned his sister to death.

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Patna High Court Cr.Misc. No.47439 of 2017 (3) dt.10-11-2017

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Mr. S.N.P. Sinha, the learned Senior Advocate, appearing for the petitioners, submits that the petitioners are brother-in-law, sisters-in-law, mother-in-law and daughter of the brother-in-law of the deceased. There is no specific allegation of demand of dowry and torture against the petitioners. The marriage was solemnized, according to the information given in the first information report, itself, about five years ago, but, neither the informant nor the deceased ever made any complaint of illtreatment at the hands of the petitioners. The deceased never lodged any case of demand of dowry and torture against the petitioners. It is submitted that the husband of the deceased is serving in Pune and the deceased had talk with her husband, thereafter, the deceased might have committed suicide by consuming poison. No external injury was found on the body of the deceased to show that deceased was forcibly administered poison.

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On the other hand, Mr. Bhola Prasad, the learned counsel appearing for the informant, and the learned Additional Public Prosecutor vehementally opposed the prayer for anticipatory bail and submitted that the husband of the deceased had illicit relation with his sister-in-law. The deceased was always protesting and the accused persons administered poisoned to Dolly Devi to death.

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On perusal of the first information report and the case diary, it appears that the marriage of the deceased with Sanjay Kumar Rai was solemnized five years ago and there nothing on record to show that the petitioners ever subjected the deceased to any sort of torture due to non-fulfillment of demand of dowry, the petitioners, above named, in the event of their arrest or surrender,

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Patna High Court Cr.Misc. No.47439 of 2017 (3) dt.10-11-2017

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within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Patori P.S. Case No. 211 of 2017 to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

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(Prabhat Kumar Jha, J)

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SA/-

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U √ T √

Vishwanath Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vishwanath Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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