Ramayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42056 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- DHANSOI District- Buxar ====================================================== 1.

RAMAYAN SINGH S/O LATE SUKHDEO SINGH 2.

NITISH KUMAR S/O KAMLESH KUMAR SINGH BOTH ARE R/O VILLAGE- DHOBAHI, P.S- DHANSOIN, DISTT.- BHOJPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 of the IPC in connection with Dhansoi P.S. Case No.38 of 2024.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and have been falsely implicate in the instant case by the informant who is daughter-in-law of the petitioner no.1.

4. It is next submitted that the informant alleges that on 11.03.2024 on account of dispute relating to land the accused persons including the petitioner assaulted her husband by lathi

Patna High Court CR. MISC. No.42056 of 2024(2) dt.25-07-2024 2/3 and danda brutally, on account of which he died during the course of treatment at Sadar Hospital, Buxar.

5. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant in the FIR has not disclosed the relationship of the petitioners with the deceased. It is further submitted that deceased was the only son of petitioner no.1 and petitioner no.2 is own cousin brother of the deceased. It is further submitted that no father would kill his only son. It is next submitted that the informant in order to coerce the petitioners into submission instituted the instant case falsely implicating them.

6. The learned APP opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Court No.5, Buxar in connection with Dhansoi P.S. Case No.38 of 2024, subject to the conditions laid

Patna High Court CR. MISC. No.42056 of 2024(2) dt.25-07-2024 3/3 down under Section 438(2) of the Cr.P.C.

8. However, the informant shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioners, in the event, if petitioner no.1 is not the father of the deceased and petitioner no.2 is not the cousin brother of the deceased.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T