Amitabh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7639 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -AKILPUR District- PATNA ======================================================

1. Amitabh Rai, S/o Pintu Rai,

2. Santosh Kumar, S/o Pintu Rai,

3. Pratima Devi, W/o Amitabh Rai.

4. Renu Devi, W/o Santosh Kumar, All are resident of village- Akilpur, P.S. Akilpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Akilpur P.S. Case No. 23 of 2017 registered for offences punishable under Sections 304-B, 201/34 of the Indian Penal.

The allegation is regarding killing of the deceased lady and the accused persons thereafter disposing of the dead body. The learned counsel for the petitioners submits that as far as the petitioner nos. 1 and 2 are concerned, they are the brother-in-law of the deceased lady and the petitioner nos. 3 & 4 are the wives of the petitioner nos. 1 and 2. It is further submitted

Patna High Court Cr.Misc. No.7639 of 2018 (4) dt.02-04-2018 2/2 that the case diary would bear it out that the villagers have said that the deceased lady had eaten something whereafter she was taken to the hospital and she died there. It is further submitted that at best the husband can be said to be responsible for the alleged incident but not the petitioners herein since they are living separately. The petitioners are said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail in the event of their 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 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur at Patna in connection with Akilpur P.S. Case No. 23 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T