Kishundev Sutihar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17664 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

Kishundev Sutihar Son Of Late Ram Prasad Sutihar Resident Of VillageRupauli Ward No. 19, Ps- Kunauli, Distt- Supaul 2.

Chandan Sutihar Son Of Late Ram Prasad Sutihar Resident Of VillageRupauli Ward No. 19, Ps- Kunauli, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. Informant suspects that these petitioners along with other F.I.R. named accused persons abducted and committed murder of the younger brother of the informant and threw the dead body in the Kosi River in order to conceal the evidence.

4. Learned counsel for the petitioners submits that petitioners have been made accused in this case only on suspicion merely because they happen to be brothers of co-

Patna High Court CR. MISC. No.17664 of 2024(3) dt.02-05-2024 2/2 accused Manoj Sutihar, who threatened the father of the informant one day prior to the alleged occurrence. Petitioners are living separately from co-accused Manoj Sutihar for last ten years. He next submits that during investigation, no one has claimed to have seen these petitioners abducting the deceased. Police after investigation submitted final form and petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Supaul in connection with Bhaptiyahi P. S. Case No. 32 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T