Anil Ram And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57113 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -MOKAMAH District- PATNA ======================================================

1. Anil Ram S/o Shri Bhuthu Ram @ Shyamdeo Ram

2. Rani Devi W/o- Shri Anil Ram Both are residents of village- Barahpur, P.O.- Mor, P.S.- Mokama, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Prakash Srivastava For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Mokama P.S. Case No.101 of 2015 registered under Sections 302 and 201 read with 34 of the Indian Penal Code. It has been contended by the learned counsel for the petitioners that the entire case is based on suspicion. Apparently, the dead body was recovered near the bank of river Ganges on 14.06.2015, but on postmortem examination it was found that it was a body of a lady whereas, the victim of the present case is a boy aged about 12 years. It has been further contended that the petitioners have got no criminal antecedent and having got roots in

Patna High Court Cr.Misc. No.57113 of 2015 (3) dt.29-01-2016 2/3 the society, they are not likely to abscond or tamper with the evidence.

On the other hand, learned counsel for the State has submitted that though there is no eye witness to the occurrence, the witnesses examined during investigation have alleged that the victim was an employee of the petitioner Anil Ram and the said Anil Ram and his family members have killed him and cut his body into pieces.

Regard being had to the serious nature of allegation, I am not inclined to grant anticipatory bail to the petitioner no.1 Anil Ram. Accordingly, his application for grant of anticipatory bail is rejected.

So far as petitioner no.2, namely, Rani Devi is concerned, in view of the fact that her name transpired only on account of suspicion and the fact that she happens to be wife of co-accused Anil Ram, in the event of arrest or surrender in the court below within six weeks from today, she is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Barh, in connection with Mokama P.S. Case No.101 of 2015 corresponding to G.R. No.971 of 2015 subject to the conditions

Patna High Court Cr.Misc. No.57113 of 2015 (3) dt.29-01-2016 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T