Ramswarath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21730 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

KAILASHIYA DEVI @ KAILASH DEVI Wife of Ram Swarath Chaudhary Resident of Ward No. 3, Fakuli, P.s. Kudhani (O.P. Fakuli), District - Muzaffarpur.

2.

SHILPI DEVI @ SHILPI KUMARI @ SHILPA KUMARI Wife of Pappu Kumar Resident of Ward No. 3, Fakuli, P.s. Kudhani (O.P. Fakuli), District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24116 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

RAMSWARATH CHAUDHARY Son of Lalbabu Chaudhary Resident of Village - Fakuli, P.S.- Kudhani (Fakuli O.P.,), Distt.- Muzaffarpur. 2.

Pappu Kumar Son of Ramswarath Chaudhary Resident of Village - Fakuli, P.S.- Kudhani (Fakuli O.P.,), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 21730 of 2022) For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mrs. Pushpa Sinha (In CRIMINAL MISCELLANEOUS No. 24116 of 2022) For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Since both the anticipatory bail petitions arise out of the same PS case, they have been heard together and are being disposed of by this common order.

Patna High Court CR. MISC. No.21730 of 2022(3) dt.01-11-2022 2/3 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, these petitioners along with other FIR named accused persons, on account of previous enmity, killed the son of informant by tying rope in his neck and hanged the dead body in Guava tree near the house of the informant.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case due to old dispute. It is further submitted that informant is not an eye witness of the occurrence and only on suspicion petitioners have been implicated in this case. During the course of investigation none of the witnesses has claimed to have seen the occurrence. Petitioners have got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from

Patna High Court CR. MISC. No.21730 of 2022(3) dt.01-11-2022 3/3 today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateI, West, Muzaffarpur in connection with Kudhani (Fakuli OP) PS case No. 455/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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