Birendra Ram @ Virendra Ram @ Birendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36963 of 2020 Arising Out of PS. Case No.-252 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Birendra Ram @ Virendra Ram @ Birendra Rai Son of Late Shankar Ram Resident of Village Chenpur Chiuthan, P.S. Paroo, District Muzaffarpur. 2.

Jatha Ram @ Satyendra Kumar Ram Son of late Shankar Ram Resident of Village Chenpur Chiuthan, P.S. Paroo, District Muzaffarpur. 3.

Surendra Sahni son of Late Bahadur Sahni Resident of Village Chenpur Chiuthan, P.S. Paroo, District Muzaffarpur.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhavesh Kumar, Adv.

For the Opposite Party/s :

Ms. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard Mr. Bhavesh Kumar, learned counsel for the petitioners and Ms. Sangita Sharma, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Paroo P.S. Case No. 252/2020 instituted for the offences under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the occurrence is said to have taken place on 04.04.2020 and the postmortem of the deceased who is the

Patna High Court CR. MISC. No.36963 of 2020(2) dt.08-04-2021 2/3 husband of the informant was done on 05.05.2020. However, the written report which led to the initiation of the criminal case against the petitioners and others was lodged on 09.05.2020.

It has further been submitted on behalf of the petitioners that the wife of the deceased lodged this case on the instigation of one Rajeshwar Rai, who is a co-villager of the petitioners. When she realized her mistake, she filed an application before the court below stating that the subject F.I.R. was registered at the instance of Rajeshwar Rai. Apart from this, it has been stated that in the F.I.R. itself, it has been stated that the deceased went along with the petitioners and did not return. His dead body was recovered later.

Considering the aforesaid background of the case, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each

Patna High Court CR. MISC. No.36963 of 2020(2) dt.08-04-2021 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -III, West Muzaffarpur, in connection with Paroo P.S. Case No. 252/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T