IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22312 of 2010
1. ABHAI KUMAR RAI @ ABHAI KUMAR S/O LATE ARVIND
KUMAR RAI.
2. CHINTA DEVI WIFE OF ABHAI KUMAR RAI ALIAS ABHAI
KUMAR.
BOTH R/O VILLAGE-ORAINA, P.S. MUFFASIL,
DISTRICT-NAWADA.
--PETITIONERS
Versus
THE STATE OF BIHAR --OPP.PARTY
With
Cr.Misc. No.19706 of 2010
1. LALAN KUMAR S/O ABHAY KUMAR @ ABAI KUMAR RAI
2. SIMPI DEVI @ SIMPI KUMARI,
BOTH R/O VILLAGE-ORAINA, P.S. MUFFASIL,
DISTRICT-NAWADAH.
--PETITIONERS
Versus
THE STATE OF BIHAR --OPP.PARTY
6 16.11.2010
Learned counsel is permitted to make correction
in the name of father of petitioner no.1 of Cr.Misc. no. 22312
of 2010.
Heard learned counsel for the petitioners,
learned Additional Public Prosecutor for the State and Sri
Nand Kishore Singh, learned counsel for the informant.
Since both these applications arise out of one
common case, they are being disposed of by this common
2
order.
Petitioners are named accused in this case being
parents-in-law and brother and sister-in-law of the deceased
sister of the informant whose dead body was found over
railway track. Initially one unnatural death case was
instituted wherein immediately father of the deceased arrived
and prayed for release of the body in his favour which was
done after autopsy. In the instant case, three autopsy was
conducted of the dead body which was found at substantial
distance from the house of the petitioners where she was
undisputedly residing before found dead. By way of
Annexure-4 there appears an application written by husband
of the deceased addressed to the Superintendent of Police
stating that at about 3.00 A.M., roughly three hours before
dead body was found, she, without intimating any one, left
the house. She was a mental patient but there is nothing in
the investigation to support such ailment. At the same time
except that there was a demand of dowry by in-laws of the
deceased, that is, petitioners. There is nothing specific
against them. The husband, undisputedly, after some
detention in custody, has been granted the privilege of bail.
3
Considering the facts and circumstances, the
petitioners, in the event of arrest or surrender within four
weeks from today, are directed to be enlarged on bail on
furnishing bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Nawadah, in Muffasil P.S. Case
no. 27 of 2010, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure with additional
condition that the petitioners shall remain present before the
court below on each and every date till commencement of the
trial. If the petitioners fail to remain present on two
consecutive dates without any reasonable explanation the
privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J.)
AAhmad