Sunil Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70608 of 2018 Arising Out of PS. Case No.-313 Year-2017 Thana- TARAIYA District- Saran ====================================================== 1.

Sunil Ram Son of Manchan Ram 2.

Manchan Ram.

3.

Shivbalak Ram Both sons of Late Rajeshwar Ram. All are resident of Village- Chanchaliya, P.S. Taraiya, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Taraiya P.S. Case No.313 of 2017 registered under Sections 302 and 120(B) of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-IX, Saran, Chapra. The accusation is that Neha Kumari, the niece of the informant Mira Kumari, on 22.11.2017 at about 03.30 A.M., in weeping condition came near the informant from her room and got the informant woke up and took her in the room, where the informant saw her sister-in-law, namely, Bijanti Devi, in hanging condition. Thereafter, the informant called the

Patna High Court CR. MISC. No.70608 of 2018(5) dt.22-05-2019 2/3 members of her family and neighbours and when they brought Bijanti Devi on the ground, then saw that Bijanti Devi had died. The informant further claimed that her brother Dinesh Ram used to do the private service at Ahmedabad (Gujarat). At the time of the alleged occurrence, she along with her sister and mother was sleeping in a room of hut, whereas her sister-in-law Bijanti Devi and nieces Neha Kumari and Nandani Kumari were sleeping in their room. Before ten days, quarrel had taken place with her neighbours (petitioners) due to quarrel of the children and in the panchayati, the matter was pacified but the petitioners used to give threatening of dire consequences and since then her sister-in-law was being abused and given threatening on her mobile phone through Mobile No.9987616990. The informant raised suspicion about having the hands of the petitioners and the owner of Mobile No.9987616990 in the commission of the alleged occurrence.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case by the informant on mere suspicion. In course of investigation, it was detected that the said mobile number was in the name of the husband of the deceased Bijanti Devi. The petitioners have no criminal antecedents.

Patna High Court CR. MISC. No.70608 of 2018(5) dt.22-05-2019 3/3 Having considered the facts and the circumstances of the case, the provisional anticipatory bail granted to the petitioners vide order dated 15.01.2019 passed by a Bench of this Court is, hereby, confirmed.

(Rajendra Kumar Mishra, J) P.S./- U T