Rajnath Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40787 of 2023 Arising Out of PS. Case No.-91 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.
RAJNATH DAS Son of Late Devan Das @ Late Devanand Ram Resident of village - Andharwara Parati Tola, P.S. - Rajapakar (Baranti O.P.), Distt. - Vaishali 2.
Jainath Das Son of Late Devan Das @ Late Devanand Ram Resident of village - Andharwara Parati Tola, P.S. - Rajapakar (Baranti O.P.), Distt. - Vaishali 3.
Mamta Devi @ Mamta Kumari Wife of Jainath Das Resident of village - Andharwara Parati Tola, P.S. - Rajapakar (Baranti O.P.), Distt. - Vaishali 4.
Guriya Devi Wife of Rajnath Das Resident of village - Andharwara Parati Tola, P.S. - Rajapakar (Baranti O.P.), Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. 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 302, 201 and 34 of the Indian Penal Code.
3. The informant alleges that his daughter was married in the year 2014 and out of the wedlock a child was born on 13.03.2023, it is next alleged that he received an information from Ranjit that his daughter is ill and later was informed that she died, accordingly, he reached the place of
Patna High Court CR. MISC. No.40787 of 2023(2) dt.03-08-2023 2/3 occurrence and the accused persons were found absconding and the dead body was also not found.
4. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 3 and 4 are women and have been falsely implicated in the present case, it is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that a general and an omnibus allegation has been alleged against the accused persons of killing his daughter. It is further submitted that the marriage was nearly nine years old and in between these nine years no case ever came to be instituted either by the informant or the deceased, it is further submitted that petitioners being related to the husband of the deceased came to be implicated whey they're separate in mess and property being brothers and sisters-in-law, it is further submitted that husband of the deceased is in custody.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. 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 trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.40787 of 2023(2) dt.03-08-2023 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajapakar (Baranti O.P.) P.S. Case No. 91 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T