IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40495 of 2010
1. Tuntun Rai, son of late Ram Ayodhya Rai,
2. Surendra Rai, son of late Ram Ayodhya Rai,
3. Ramasaray Pandit son of late Briksha Pandit
4. Baiju Pandit, son of late Briksha Pandit
All residents of village- Karkikuwa, P.S. Chakia, District-
East Champaran at Motihari ---- Petitioners.
Versus
STATE OF BIHAR --- Opp. Party.
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2/ 10-11-2010 Heard the parties.
In a criminal prosecution registered under
section 304B/201 of the Indian Penal Code, deceased
Bindu Devi was allegedly done to death by her husband,
Birendra Rai with the help of other accused persons
including the petitioners.
It is submitted that the petitioners are not family
members of co-accused Birendra Rai, the husband of the
deceased, who is the main culprit. It is also submitted that
even according to prosecution case, the petitioners are only
alleged to have helped in disposal of the dead body of the
deceased. It is highlighted that on close of investigation,
charge-sheet was submitted against co-accused Birendra
Rai, the husband of the deceased, but the petitioners were
not sent up for trial. Learned Magistrate disagreed with the
police report, and has taken cognizance against the
accused persons, including the petitioners and hence this
application for anticipatory bail.
Be that as it may, In the facts and
2
circumstances of the case, the above named petitioners, in
the event of their arrest or surrender in the court within a
period of four weeks from today, are directed to be enlarged
on bail on furnishing bail bonds of Rs. 10,000/- each with
two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Motihari in connection with
Chakia P.S. Case No. 71 of 2009, subject to conditions as
laid down under section 438(2) of the Cr.P.C.
( Birendra Prasad Verma, J.)
BTiwary/