Ram Uday Das @ Ramauday Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38904 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- PIPRIYA District- Lakhisarai ====================================================== 1.
RAM UDAY DAS @ RAMAUDAY DAS 2.
Raj Kumar Das @ Raj Kumar Tanti Both sons of Late Ram Lagan Das 3.
Rakesh Kumar Son of Ram Uday Das @ Ramauday Das All are resident of Village- Pipariya Diyara, P.S.- Pipariya, DistrictLakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2022 Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State video conferencing. The petitioners apprehend their arrest in connection with Pipariya P.S. Case No. 48/2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. It has been submitted by learned counsel for the petitioners that the deceased died because of COVID and the petitioners have been falsely implicated in this case by the wife of the deceased owing to long standing dispute. He submits
Patna High Court CR. MISC. No.38904 of 2021(2) dt.09-02-2022 2/2 relying upon paragraph No. 15 of the case diary that postmortem could not be done because of the deceased was found COVID positive. It has also been submitted that there is no external injury found on the dead-body.
As per the inquest report and from Annexure-2, it is clear that the deceased was suffering from COVID. Considering the facts and circumstances, the present anticipatory bail application is allowed.
Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Pipariya P.S. Case No. 48/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sandeep Kumar, J) Saif/- U T