High Court Patna High Court - Orders

Tuntun Rai &Amp; Ors vs State Of Bihar on 10 November, 2010

Patna High Court – Orders
Tuntun Rai &Amp; Ors vs State Of Bihar on 10 November, 2010
                   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.
                                               -----------
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/