Appu Sao @ Appu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14240 of 2023 Arising Out of PS. Case No.-301 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== 1.

Appu Sao @ Appu Kumar Son Of Gopal Sao R/O Vill.- Goway, Kranja, P.S.- Naubatpur, Distt.- Patna, Bihar 2.

Vikash Kumar Son Of Gopal Sao R/O Vill.- Goway, Kranja, P.S.- Naubatpur, Distt.- Patna, Bihar 3.

Sudha Devi Wife Of Appu Sao @ Appu Kumar R/O Vill.- Goway, Kranja, P.S.- Naubatpur, Distt.- Patna, Bihar 4.

Puja Kumari Wife Of Vikash Kumar R/O Vill.- Goway, Kranja, P.S.- Naubatpur, Distt.- Patna, Bihar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Gaurav Kr. Verma, Advocate Mr.Pintu Kumar Patel, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, in the present case, are seeking prearrest bail in connection with Naubatpur P.S. Case No. 301/2021 registered for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code. They have no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that his daughter was married with Tiju Saon about six years ago and after marriage, the mother-in-law and son-in-law

Patna High Court CR. MISC. No.14240 of 2023(2) dt.18-05-2023 2/3 were tortured her daughter for Rs. 2 Lakhs and after some time they were killed the daughter of the informant and concealed the dead body.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case. Learned counsel submits that the petitioners are brother-in-law and sister-in-law of the deceased, they have no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Having regard to the facts and circumstances of the case wherein these petitioners are said to be the brother-in-law and sister-in-law of the deceased, the husband of the deceased has faced the trial and has been acquitted as the prosecution had failed to prove the case against the husband, this Court, therefore, directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners abovenamed be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - III, Danapur, Patna in connection with Naubatpur P.S. Case No. 301/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.14240 of 2023(2) dt.18-05-2023 3/3 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 antecedent, 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.

(Rajeev Ranjan Prasad, J) Rajeev/- U T