Sanoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49006 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- SALIMPUR District- Patna ====================================================== 1.

SANOJ RAI Son of Mahendra Rai Resident of Village- Saidpur Tola, P.S.- Salimpur, District- Patna.

2.

Mahendra Rai Son of Late Shital Rai Resident of Village- Saidpur Tola, P.S.- Salimpur, District- Patna.

3.

Malti Devi Wife of Mahendra Rai Resident of Village- Saidpur Tola, P.S.- Salimpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rafi Ahmad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered under Sections 302//201/34 of the Indian Penal Code. Informant who is the father of deceased has stated in his written complaint that his daughter was married to Mahesh Rai and on 12.12.2019 he received an information that FIR named accused have killed her in order to grab the compensation amount arising out of acquisition of land of the family. On said written complaint the dead body was taken into

Patna High Court CR. MISC. No.49006 of 2019(4) dt.04-12-2019 2/3 the custody by the police while it was being taken for cremation. It has been submitted on behalf of petitioners that they have been falsely implicated in this case. During investigation the statement of the husband of deceased and son in law of the informant was recorded by the police in which he has stated that she committed suicide. The statement of the sister of the victim was also recorded who was sleeping with her on the fateful night and in the morning the dead body of her sister was found hanging outside the house. The motive assigned for the commission of crime is also not correct as whatever compensation will be granted, same will be paid to the husband of deceased and deceased was not entitled for payment of any compensation during life time of her husband.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, Petitioners are directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.49006 of 2019(4) dt.04-12-2019 3/3 Salimpur P.S. Case No. 25 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T