Ramayan Das @ Ramayan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39441 of 2023 Arising Out of PS. Case No.-548 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Ramayan Das @ Ramayan Kumar Das S/O Laxman Das R/O Village- Ward No. 14, Ranjeeta, Panapur, P.S- Harsidhi, Distt.- East Champaran. 2.

Saloni Devi @ Salni Kumari W/O Ramayan Das R/O Village- Ward No. 14, Ranjeeta, Panapur, P.S- Harsidhi, Distt.- East Champaran. 3.

Laxman Das S/O Late Mangal Das R/O Village- Dhankherya, P.S- Harsidhi, Distt.- East Champaran.

4.

Shivpati Devi W/O Laxman Das R/O Village- Dhankherya, P.S- Harsidhi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 328, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they along with other co-accused persons forcibly gave poison to the daughter of the informant and thereafter, burnt her body and all of them locked their house and fled away.

Patna High Court CR. MISC. No.39441 of 2023(2) dt.08-08-2023 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are in-laws of the deceased and all of them stay in a different house and they have nothing to do with the deceased. He further submits that the husband of the deceased has not surrendered before the learned Court below. Petitioner no. 1 has two criminal antecedent, petitioners no. 2 and 4 have no criminal antecedent and petitioner no. 3 has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Harsidhi P.S. Case No.548 of 2022, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.39441 of 2023(2) dt.08-08-2023 3/3 the Cr.P.C.

7. However, learned Court below shall accept the bail bond of the petitioners after verifying the fact that the husband of the deceased surrenders before the learned Court below or not, if the husband of the deceased not surrenders before the learned Court below, the bail bond of the petitioners shall not be accepted by the learned Court below.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T