Hakim Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27606 of 2022 Arising Out of PS. Case No.-97 Year-2020 Thana- DEWARIA District- Muzaffarpur ====================================================== HAKIM RAI Son of Paras Ray Resident of village - Bangara Muja, P.S.- Deoria, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Deoria P.S. Case no. 97 of 2020 instituted for the offence under Section 302, 201, 506/34 of the Indian Penal Code. As per allegation in the FIR, when the informant went to her daughter's house after getting information that she was killed and saw that no one was present there. It is further alleged that the father in law of deceased made demand of Rs. 50,000/- from informant's daughter and on refusal the petitioner along with other accused persons committed murder of his daughter. It is further alleged that they disposed the deceased body by cremating her without informing the informant.

Patna High Court CR. MISC. No.27606 of 2022(3) dt.22-11-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is father in law of the deceased and he was living separately with wife and his two sons. There is no specific material found of committing murder of informant's daughter against the petitioner and others. It is further submitted that the family members of deceased including informant were already informed and they participated in the cremation of the deceased. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Deoria P.S. Case no. 97 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, west, Musaffarpur subject to the conditions as laid down under section

Patna High Court CR. MISC. No.27606 of 2022(3) dt.22-11-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T