Bhikhari Kumar Rai @ Ruwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30490 of 2020 Arising Out of PS. Case No.-52 Year-2017 Thana- SONEPUR District- Saran ====================================================== BHIKHARI KUMAR RAI @ RUWAN KUMAR S/o Sonelal Rai R/o Vill.- Lodipur, P.S.-Goraul, Distt.-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Advocate Mrs. Jyoti Kumari, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2021 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 Sonepur P.S.Case no. 52 of 2017, registered under sections 302, 323 and 306 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that as a result of torture by her brother i.e. the petitioner herein, the daughter-in-law of the informant committed suicide.

It is submitted by learned counsel for the petitioner that the sister of the petitioner died under suspicious circumstances for which a complaint followed by an FIR being

Patna High Court CR. MISC. No.30490 of 2020(3) dt.24-02-2021 2/2 Goraul P.S. Case no. 343 of 2014 was registered under sections 304B, 120B, 201 and 34 of the Indian Penal Code. It is three years thereafter with no explanation whatsoever for the delay, the instant FIR has been registered against the petitioner who happens to be the brother of the deceased alleging abetment to commit suicide. Petitioner has no criminal antecedent. The application for bail is opposed by the learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Sonepur P.S.Case no. 52 of 2017, 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 the learned Additional Chief Judicial Magistrate-I, Sonepur, subject to the conditions as laid down under section 438(2) of Code of Criminal Procedure. B.Kr./- (Partha Sarthy, J) U T