Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23769 of 2025 Arising Out of PS. Case No.-105 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Suraj Kumar S/O Ashok Goswami @ Ashok Gosai R/O Vill.- Biju Bigha Badki Pain, P.S.- Buniyadganj, Dist.- Gaya.

2.

Sonam Kumari D/O Ashok Goswami @ Ashok Gosai R/O Vill.- Biju Bigha Badki Pain, P.S.- Buniyadganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. Petitioners apprehend their arrest in connection with Buniyadganj P.S. Case No. 105/2023 registered for the offence under Sections 304(B), 201/34 of I.P.C.

3. The case of the prosecution, in brief, is that about two and half years back the sister of the informantSuraj Kumar got married with the co-accused Deepak Goswami. After marriage all the accused persons including the petitioner started torturing the informant's sister. It is further alleged that on 24.03.2023 at about 05:00 P.M. all the accused persons including the petitioner had killed the

Patna High Court CR. MISC. No.23769 of 2025(2) dt.05-05-2025 2/3 sister of the informant and cremated her body without informing the informant or the police. Accordingly, the FIR.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the instant case. It is further submitted that there is no specific allegation against them. It is further submitted that the petitioner's father Ashok Goswami and mother Geeta Devi have been granted regular bail by a Coordinate Bench of this Court in Cr. Misc. No. 75945 of 2023, therefore, it is prayed that the petitioners be also granted bail. It is lastly submitted that they have got clean antecedent.

5. Learned Additional Public Prosecutor appearing for the State submits that the petitioners does not deserve to be enlarged on anticipatory bail.

6. Considering the nature of allegation levelled against the petitioners and there is specific allegation levelled in the FIR that all the accused persons including the petitioners connived together and jointly tortured the sister of the informant which led to her death, in these circumstances, this Court is not inclined to grant the

Patna High Court CR. MISC. No.23769 of 2025(2) dt.05-05-2025 3/3 privilege of anticipatory bail to the petitioners. Their prayer for bail is accordingly rejected.

(Alok Kumar Sinha, J) tusharika/- U T