Radhe Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11355 of 2019 Arising Out of PS. Case No.-150 Year-2015 Thana- RAHUI District- Nalanda ====================================================== 1.

Radhe Bind, aged about 40 years (Male) Son of Chandeshwar Bind Resident of Village - Hawanpura, P.S.- Rahui, District - Nalanda 2.

Rukhi Bind, aged about 35 years (Male) Son of Chandeshwar Bind Resident of Village - Hawanpura, P.S.- Rahui, District - Nalanda 3.

Bebee Devi, aged about 33 years, Female, Wife of Radhe Bind Resident of Village - Hawanpura, P.S.- Rahui, District - Nalanda 4.

Asha Devi, aged about 35 years, Female, Wife of Rukhi Bind Resident of Village - Hawanpura, P.S.- Rahui, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners.

Petitioners are seeking anticipatory bail in connection with Rahui P.S. Case No. 150 of 2015 dated 08.05.2015 registered for the offences punishable under Section 304 (B) of the Indian Penal Code. Petitioners in the present case are the elder brothers and their respective wives of the deceased. They have been made accused along with other family members of the husband of the deceased on the ground that they are also guilty of commission of offence as alleged.

Learned counsel for the petitioner submits that these petitioners are having separate business and they are residing at Patna

Patna High Court CR. MISC. No.11355 of 2019(2) dt.26-02-2019 2/2 separately whereas the sister of the informant died in the village situated in the District of Nalanda. Learned counsel submits that it is a case of false implication of the whole family. No one appears on behalf of the State to oppose the prayer for anticipatory bail.

In the given facts and circumstances, where these petitioners are the elder brothers and their respective wives of the husband of the deceased and they are said to be living separately and has no concern with the family of the deceased, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 150 of 2015, subject to the condition that petitioner nos.1 and 2 shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U T