Rajesh Kumar @ R.K. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10371 of 2020 Arising Out of PS. Case No.-626 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== 1.
Rajesh Kumar @ R.K. Singh (Male) Age -39 yrs, S/o Nand Kishore Singh 2.
Ranjan Kumar @ Ranjan @ Ranjan Singh (Male) Age - 23 yrs, S/o Dev Kumar Singh Both resident of village - Chhitrauli, P.S. Khaira, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-06-2020 Heard Mr. Alok Kumar Alok, learned counsel for the petitioners and Mr. Akshay Lal Pandit, learned counsel appearing for the State through video conferencing. Petitioners apprehend arrest in connection with Hajipur Nagar (Town) P.S. Case No. 626 of 2019 registered for the offence punishable under Section 302, 120(B) and 34 of the I.P.C.
The allegation against the petitioners as per the First Information Report is that the husband of the informant namely, Sudhir Chaudhary was working as a Guard in St. Paul Hostel, Gandhi Ashram, Hajipur. It has also been alleged that the petitioner- Rajesh Kumar @ R.K. Singh is the proprietor of that
2/4 Security Guard Agency and the husband of the informant was getting Rs. 8,000/- per month for his deployment as a Guard in St. Paul Hostel. It has also been alleged that salary of eight months was not paid to the husband of the informant by the petitioner no. 1. The informant further alleged that on 20.05.2019 the husband of the informant arrived at Hajipur and joined his duty and on the next day the informant received phone call that her husband was not well. Thereafter, she rushed to the Sadar hospital on 21.05.2019 and found that her husband was dead and his body was lying in Sadar hospital. Learned counsel for the petitioners submits that petitioner no. 1 is the proprietor of the Security Guard Agency and petitioner no. 2 is Supervisor working in that Agency.
Learned counsel further submits that petitioners have falsely been implicated in this case with oblique motive and as an after thought inasmuch as on 22.05.2019 on the basis of the statement made by the informant a U.D. Case bearing U.D. Town (Hajipur Nagar) P.S. Case No. 07 of 2019 was registered by the Police in which the informant did not disclose the name of the petitioners. It has further been alleged that after post-mortem of the deceased, the said case was not converted into First Information Report.
3/4 14.07.2019 the present F.I.R. has been lodged in which the petitioners along with other two accused persons were made accused. Learned counsel further submits that similarly situated accused persons namely, Rajiv Kumar and Ranjan Kumar @ Ranjan Kumar Singh, S/o Dayashankar Prasad have been granted anticipatory bail by this court in Cr. Misc. No. 68679 of 2019.
Having heard learned counsel for the parties and taking into consideration the fact that on 22.05.2019 the informant herself got instituted a U.D. case in which she has not said anything against the petitioners and after about two months on 14.07.2019 the present F.I.R. has been lodged merely on the basis of suspicion against the petitioners and further similarly situated accused persons have been granted anticipatory bail by this court, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hazipur in connection with Hazipur
4/4 Nagar P.S. Case No. 626 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T