Dev Raj @ Devraj Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40449 of 2022 Arising Out of PS. Case No.-534 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

DEV RAJ @ DEVRAJ CHOUHAN Son of Late Ramadhar Chouhan R/oArar, Ward No.- 28, P.S. and Dist.- Gopalganj. 2.

Rahul Kumar @ Rahul Chouhan Son of Late Ramadhar Chouhan R/o- Arar, Ward No.- 28, P.S. and Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Adv For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 364, 34 of the Indian Penal Code.

Allegedly, the petitioners in association with their family members killed the sister of informant and concealed her dead body.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.40449 of 2022(4) dt.09-01-2023 2/3 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is submitted that the husband of the deceased is already in judicial custody and both the petitioners are the brother-in-law of the deceased. The entire family has been made accused in the present case. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail but fairly submitted that in para 25 of the case diary it is stated that after filing the present case the victim fled away with some another person.

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 court below where the case is pending/Successor Court in connection with Gopalganj Town P.S. Case No.534 of 2021,

Patna High Court CR. MISC. No.40449 of 2022(4) dt.09-01-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T