Bhikhari Baitha @ Bhikhari Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39430 of 2025 Arising Out of PS. Case No.-218 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== BHIKHARI BAITHA @ BHIKHARI RAJAK S/O LATE BIPCHAN RAJAK R/O VILLAGE- HAZRATPUR, PS- RAMPUR HARI, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. Petitioner apprehend his arrest in a case registered for the offence punishable under sections 80(i), 238, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

4. As per the prosecution case, informant alleged that his sister was married to one Pawan Baitha. Thereafter, she was tortured for dowry and on the fateful day, he came to know that she has been killed and the dead body has been taken to a nearby forest for cremation.

5. Learned counsel appearing for the petitioner submits that the petitioner is innocent and have falsely been implicated in this case. Petitioner is father-in-law of the

Patna High Court CR. MISC. No.39430 of 2025(2) dt.25-07-2025 2/2 deceased. Thrust of allegation is against husband of deceased, who is already in custody. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 13089/2025. Petitioner claims clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. Considering the aforesaid facts of the case, prayer for bail of petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 9, East Muzaffarpur in Rampur Hari Police Station Case No. 218 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Neha/- U T