Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13055 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== 1.

Sunita Devi W/o Mishree Chaudhari R/o Village- Supaul, P.S.- Akbarpur, Distt- Nawada.

2.

Mishri Chaudhary S/o Late Lutan Chaudhary R/o Village- Supaul, P.S.- Akbarpur, Distt- Nawada.

3.

Raju Kumar @ Raju Chaudhary S/o Mishree Chaudhary R/o VillageSupaul, P.S.- Akbarpur, Distt- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-05-2023 At the outset, the learned counsel for the petitioners submits that the petitioners no. 1 and 2 have already stood arrested, hence, the present petition qua them has been rendered infructuous. Accordingly, the present petition qua the petitioners no.1 and 2 stands dismissed as not pressed.

Heard the learned counsel for the

2/4 petitioner no.3 and learned APP for the State. This is an application for grant of anticipatory bail in connection with Akbarpur P.S. Case No.510 of 2022, registered for offence under Sections 302/34 of the IPC.

The allegation is that while the son of the informant was residing at his in-laws' place at village-Supaul, District- Nawada, suddenly, the informant received information on 21.09.2022, that his son has died by hanging himself.

The learned counsel for the petitioner no.3 has submitted that the petitioner no.3 is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that the deceased son of the informant, was living at his in-laws' place and it appears that some quarrel had taken place in between him and his wife, resulting in him committing suicide. It is also submitted that as far as the petitioner no.3 is concerned, who is the brother-in-law of the deceased, neither any allegation has been levelled

3/4 against him nor he is having any complicity in the alleged occurrence.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner no.3 is the brother-in-law of the deceased, is having a clean antecedent and no allegation has been specifically levelled qua him, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner no.3 is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

4/4 Judicial Magistrate-1, Nawada in connection with Akbarpur P.S. Case No.510 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T