Sonafi Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6181 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.
SONAFI DAS Son of Late Chulhai Das Resident of Village - Prem Nagar, Tola Baheri, P.s.- Runnisaidpur, Distt.- Sitamarhi. 2.
MAHADEV DAS SON OF LATE CHULHAI DAS Resident of Village - Prem Nagar, Tola Baheri, P.s.- Runnisaidpur, Distt.- Sitamarhi. 3.
SANJEEV DAS SON OF MAHADEV DAS Resident of Village - Prem Nagar, Tola Baheri, P.s.- Runnisaidpur, Distt.- Sitamarhi. 4.
RAGINI DEVI @ RAGANI DEVI W/O CHOTAN DAS Resident of Village - Prem Nagar, Tola Baheri, P.s.- Runnisaidpur, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate :
Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned senior counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 302 and 34 of the Indian Penal Code.
The informant alleges that the accused persons used to assault his wife and even used to threaten her and on the date of occurrence, the informant had gone to the village for threshing of wheat crops when he was informed by Kapil Das that his wife has died, thus on suspicion the petitioner alleges that the
Patna High Court CR. MISC. No.6181 of 2022(2) dt.22-08-2022 2/3 accused persons killed his wife.
Learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and from perusal of the allegations as alleged in the F.I.R. it would manifest that the informant is not an eyewitness to the occurrence, the entire allegation hinges around suspicion. Learned senior counsel further submits that it was Kapil Das who had informed the informant about the death of his wife but then the said Kapil Das also did not disclose anything which could even remotely connect the petitioners with the offence, it is next submitted that petitioners and informant are agnates and this fact has not been disclosed in the F.I.R. and there is also a land dispute between the parties.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned senior counsel for the petitioners and the fact that the petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.6181 of 2022(2) dt.22-08-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 231 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T