Sunil Kumar @ Sunil Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30103 of 2024 Arising Out of PS. Case No.-951 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sunil Kumar @ Sunil Raut Son of Shiv Raut Resident of Village- Sekhabigha, P.S.- Buniyadganj, District- Gaya, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rupa Devi D/o of Rameshwar Raut Resident of Village- Chhotki Nawada, Balaji Nagar, Near Office of Dainik Jagran News Paper, P.S.- Delha, Dist.- Gaya. Pin Code- 824231 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No.951 of 2021 instituted under Sections 323,506, 498(A), 201, 302, 120B, 384 and 386/34 of the Indian Penal Code.

3. The prosecution case, in short, is that marriage of the complainant was solemnized with co-accused, namely Anil Raut 18 years back as per Hindu rites and rituals . It is further alleged that the landed property of the father-in-law of the complainant was divided in presence of witnesses and one share was allotted to the husband of the complainant. On 30-01-2021, the husband of the complainant has gone for Panchayati but, after 'Panchayati' he did not return. The dead body of her husband was found hanged on a Mahua Tree. Thereafter, on 31-01-2021

Patna High Court CR. MISC. No.30103 of 2024(2) dt.21-05-2024 2/3 police has come and prepared inquest report and also done the postmortem. After postmortem report, Buniyadganj PS U.D. Case No. 02 of 2021, dated 01-02-2021 was registered by the police. The complainant has alleged that all the accused persons might have killed her husband for the purpose of grabbing his landed property.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is 'dewar' of the complainant and he has no concern with the occurrence. The petitioner lives separately from the complainant. A U.D. case vide Buniyadganj U. D. Case No. 02 of 2021, dated 01-02-2021 was registered by the police whereas, inquest report and postmortem report revealed grievous injuries not caused by self hanging, but otherwise caused by accused.

It is further submitted that bare perusal of the inquest report and postmortem report would go to show the truth that after committing murder of victim (husband of the complainant) all the accused persons for the purpose of grabbing the landed property of the victim, got the dead body tied with rope from a Mahua tree near Hanuman Bagicha to destroy the evidence of murder committed by them. The allegation against all the accused persons including the petitioner is general and omnibus. There is no specific allegation against the petitioner and there is no eye witness to the occurrence. The petitioner is the younger brother of the deceased, namely, Anil Raut. It is also submitted that there is civil dispute between the complainant and the family members of the petitioner.

Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.30103 of 2024(2) dt.21-05-2024 3/3

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Gaya, in Complaint Case No.951 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T