Rajiv Das @ Rajiv Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2817 of 2021 Arising Out of PS. Case No.-114 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

RAJIV DAS @ RAJIV KUMAR DAS SON OF RAM PRASAD DAS RESIDENT OF VILLAGE-BAHLOLPUR, P.S.-BHAGWANPUR, DISTRICT-VAISHALI.

2.

SANJEEV DAS @ SANJEEV KUMAR DAS S/O RAM PRASAD DAS RESIDENT OF VILLAGE-BAHLOLPUR, P.S.-BHAGWANPUR, DISTRICT-VAISHALI.

3.

SANJAY DAS @ SANJAY KUMAR S/O RAM PRASAD DAS RESIDENT OF VILLAGE-BAHLOLPUR, P.S.-BHAGWANPUR, DISTRICT-VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-10-2021 Heard Mr. Ashok Kumar Sinha, learned Advocate for the petitioners and Ms. Gulnar Begum, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bhagwanpur P.S. Case No. 114 of 2019 dated 23.05.2019 instituted for the offences under Sections 304(b), 201/34 of the Indian Penal Code.

The petitioners are the elder brothers of the husband of the deceased.

Learned counsel for the petitioners has

Patna High Court CR. MISC. No.2817 of 2021(4) dt.06-10-2021 2/3 submitted that they are separate in mess and business from the husband of the deceased for the last several years and are residing at Calcutta. It has also been submitted that in fact the deceased died a natural death after complaining of heart-ache. Before she could be admitted to any hospital, she died. This information was provided to the husband of the deceased and her parents. The cremation of the deceased was held. Thereafter, on wrong advice, the subject FIR has been lodged.

The learned counsel for the petitioners has further submitted that according to his information, the husband of the deceased is residing with the father of the deceased and has allowed this case to be continued for ulterior purposes, so that the petitioners abandoned their claim in family property.

Regard being had to the aforestated facts, the petitioners 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 their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur in connection

Patna High Court CR. MISC. No.2817 of 2021(4) dt.06-10-2021 3/3 with Bhagwanpur P.S. Case No. 114 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T