Chintu Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28416 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== 1.

CHINTU RAWAT S/O- Late Munna Rawat Resident of Village - Phulwariya, P.S. - Malaypur, District - Jamui. 2.

Triloki Rawat S/O- Late Munna Rawat Resident of Village - Phulwariya, P.S. - Malaypur, District - Jamui.

3.

Sukar Rawat S/O- Late Munna Rawat Resident of Village - Phulwariya, P.S. - Malaypur, District - Jamui.

4.

Rakhi Devi W/O- Chintu Rawat Resident of Village - Phulwariya, P.S. - Malaypur, District - Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending arrest in connection with GRP/Jhajha P.S. Case No. 134 of 2019 for the offences under Sections 302, 201/34, 120B IPC.

Learned counsel for the petitioners submits that on suspicion the petitioners have been made accused in this case. The deceased was younger sister of Puja Kumari who was married to Dharmendra Kumar, the elder brother of petitioner nos. 1 to 3. It is alleged that the deceased after informing her

Patna High Court CR. MISC. No.28416 of 2020(2) dt.18-01-2021 2/3 mother left her house saying that she was going to Jamui to meet Kumdan Kumar, elder brother of petitioner nos. 1 to 3. later on the dead body of the girl was found at the railway platform. The informant suspected involvement of the entire family members in the death of her daughter.

Learned counsel for the petitioner further submits that these petitioners have no concern either with the marriage proposal of the victim with Kundan or the death of the victim and simply because they belong to the family, they have been made accused in this case.

Considering the fact that the petitioner No. 4 is lady, the Court is inclined to grant privilege of anticipatory bail to her. Let the petitioner no. 4, named above, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Kiul in connection with GRP/Jhajha P.S. Case No. 134 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

So far as the petitioner Nos. 1 to 3 are concerned, the Court directs them to surrender before the Court below and

Patna High Court CR. MISC. No.28416 of 2020(2) dt.18-01-2021 3/3 pray for regular bail and the court below will examine the petition for grant of regular bail on its own merit and dispose of the same on the same day without being prejudiced by the refusal to grant anticipatory bail to them.

(Anil Kumar Upadhyay, J) spandey/- U T