Ganga Rabidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11309 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- TARAPUR District- Munger ====================================================== 1.

Ganga Rabidas S/o Late Sukhdeo Rabidas R/o - Tarapur, Rabidas Tola, P.S - Tarapur, District - Munger 2.

Kapil Rabidas @ Kapil Das S/o Ganga Rabidas R/o - Tarapur, Rabidas Tola, P.S - Tarapur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-06-2025 Heard Mr. Sanjiv Kumar Singh, learned counsel for the petitioners and Dr. Mrityunjaya Kr. Gautam, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Tarapur P.S. Case No. 180 of 2024, F.I.R. dated 19.07.2024 registered for the offences punishable under Sections 103(1), 3(5) of the B.N.S. 2023.

3. Allegation against the petitioners is that they along with other co-accused persons have committed murder of the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case merely on the ground that the

Patna High Court CR. MISC. No.11309 of 2025(3) dt.25-06-2025 2/3 petitioner no. 1 is father-in-law and petitioner no. 2 is brother-inlaw of the deceased and the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. He further submits that he husband of the deceased namely Wakil Das who happens to be the son of petitioner no. 1 is in judicial custody and there is no specific allegation of any assault or overt act attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and there is no specific allegation of any assault or overt act or demand of dowry against these petitioners and the husband of the deceased who happens to be son of petitioner no. 1 is in judicial custody, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Munger in connection with Tarapur P.S. Case No. 180 of 2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.11309 of 2025(3) dt.25-06-2025 3/3 Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T