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Patna High CourtCR. MISC./3165/2022allowed

Rambilash Singh v. The State Of Bihar

2022-08-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3165 of 2022 Arising Out of PS. Case No.-365 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== 1.

RAMBILASH SINGH Son of Late Lila Singh Resident of Village - Chandpura Chakmakrand Rahmapur, P.s.- Bidupur, Distt.- Vaishali. 2.

SARJUGIYA DEVI W/o Rambilash Singh Resident of Village - Chandpura Chakmakrand Rahmapur, P.s.- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikramdev Singh, Adv Mr. Rajesh Kumar Singh, Adv For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP For the Informant :

Mr. Yugal Kishore, Adv Mrs. Rupa Kumari, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 302, 201/34 of Indian Penal Code.

Allegedly, the dead body of the daughter of the informant was found in a pit with water. The allegation against the petitioners is that they alongwith other co-accused persons killed the daughter of the informant by drowning her. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.3165 of 2022(3) dt.16-08-2022 2/3 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The petitioners are the father-in-law and mother-in-law of the deceased. The husband of the deceased is already in judicial custody. The post-mortem report shows the cause of death as drowning. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a general and omnibus allegation against the petitioners, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bidupur P.S. Case No.365 of

Patna High Court CR. MISC. No.3165 of 2022(3) dt.16-08-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T