Partly allowed

Sharwan Rai and Ors. v. The State Of Bihar

Patna HC13 Nov 2017CR. MISC./49067/2017

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to in-laws of a deceased woman accused of dowry death under Section 304(B) IPC. Four petitioners were directed to surrender within four weeks and furnish a bail bond with sureties under Section 438(2) CrPC. The petitioner who was in jail had bail made infructuous.

What did the court decide?

Anticipatory bail granted to petitioners 2-5 conditioned on surrender within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties.

Sharwan Rai and Ors. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49067 of 2017

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Arising Out of PS.Case No. -161 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR)

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======================================================

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Sharwan Rai, Son of Binod Rai,

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Binod Rai @ Binod Ra, Son of Late Saheb Rai,

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Lilawati Devi, Wife of Binod Rai,

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Haridwar Rai, Son of Binod Rai,

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Rubi Devi, Wife of Haridwar Rai, All are resident of Vill- Mujiya, P.S.Kudra, District- Kaimur. .. .... Petitioner/s

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Versus

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The State of Bihar. .... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Pandey For the Opposite Party/s : Mr. Sri Nand Kishore Pd

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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4 13-11-2017 Heard both sides.

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The petitioners apprehend their arrest in Kudra P.S. case No. 161 of 2017 under Section 304(B)/34 of the Indian Penal Code.

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Petitioner No.1, Sharwan Rai, during the pendency of this petition, had been arrested and his anticipatory bail petition was dismissed as has become infructuous vide order dated 03.11.2017.

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The learned counsel for the petitioners submits that the deceased was married with Sharwan Rai in the year 2013. The deceased accidentally got fire and died. An U. D. case being Kudra P.S. case No. 06 of 2017 was registered. The petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased. There is no specific allegation against the petitioners. The petitioners have no manner of concern with the

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Patna High Court Cr.Misc. No.49067 of 2017 (4) dt.13-11-2017

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2/2

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family affairs of the deceased and her husband. The husband of the deceased is in jail.

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The learned A.P.P. however opposed the prayer for anticipatory bail.

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It appears from FIR and case diary that marriage was solemnized four years ago and for the death of deceased an U.D. case was also registered and petitioners are in-laws of the deceased.

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Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners No.2 Binod Rai @ Binod Ra, 3. Lilawati Devi, 4. Haridwar Rai and 5. Rubi Devi, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Kaimur, Bhabhua in connection with Kudra P.S. case No. 161 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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BKS/-

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U T

Sharwan Rai and Ors. v. The State Of Bihar

Case brief

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Sharwan Rai and Ors. v. The State Of Bihar

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