Patna High Court - Orders
Rita Devi & Ors vs The State Of Bihar on 30 April, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19663 of 2015
Arising Out of PS.Case No. -233 Year- 2013 Thana -RAJNAGAR District- MADHUBANI
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1. Rita Devi. Wife of Sudhir Rai.
2. Savitri Devi. Wife of Late Ramdeo Rai. Both Residents of Village -
Madhubani Tola, Police Station - Rajnagar, District - Madhubani.
3. Raj Kumar Rai. Son of Ram Khelawan Rai. Resident of Village -
Dhakjari Navtoli, Police Station - Arer, District - Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ratanakar Jha, Advocate
For the Opposite Party/s : Mr. Gulnar Begum(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 30-04-2015Heard learned counsel for the petitioners and the State.
The petitioners being mother, brother's wife and brother-in-law of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
Accusation is of killing the daughter of the informant after one and half years of marriage for non- fulfillment of dowry demand.
It is submitted by the learned counsel for the petitioners that the accusation is not specific against the petitioners. Moreover, the husband of the victim has been Patna High Court Cr.Misc. No.19663 of 2015 (2) dt.30-04-2015 2 acquitted vide Sessions Trial No. 156 of 2014 vide judgment dated 13th January, 2015, passed by the learned Additional Sessions Judge-V, Madhubani, since the prosecution witnesses including the informant PW.-1, the mother of the victim have not supported the prosecution case. Zerox copy of the judgment has been annexed, which is kept on record.
Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhubani in connection with Rajnagar P.S. Case No. 233 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
Three consecutive defaults during trial by petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners.
(Dinesh Kumar Singh, J) P.K./-
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