Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6112 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Anil Rai, son of Late Muneshwar Rai, Resident of Village- Harpur, P.S. Sahkund, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sahkund PS case no. 83 of 2017 registered for the offences punishable under Sections 302, 201, 342/34 of Indian Penal Code.

The allegation of the prosecution is that the sister of the informant is said to have been done to death and thrown in a well by the accused persons including the petitioner herein who is the husband of the victim lady.

The learned counsel for the petitioner submits that the marriage had taken place 30 years back and it has also come in the case diary that the victim lady had slipped and fallen in the

Patna High Court Cr.Misc. No.6112 of 2018 (3) dt.20-02-2018 2/3 well resulting in her death. It is further submitted that the petitioner has a clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Bhagalpur in connection with Sahkund PS case no. 83 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that the petitioner shall join investigation and would be present at the place where the investigating agency directs the petitioner to be present.

It is clarified that if the prosecution finds that the petitioner is not cooperating in investigation then it would be free to move this Court for cancellation of the bail.

Patna High Court Cr.Misc. No.6112 of 2018 (3) dt.20-02-2018 3/3 case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically. (Mohit Kumar Shah, J) rinkee/- U T