Lalbabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46282 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== 1.

Lalbabu Rai, S/o Late Jatan Rai 2.

Chandan Rai @ Chandan Kumar Rai, S/o Lalbabu Rai 3.

Niraj Rai @ Niraj Kumar, S/o Lalbabu Rai All are R/o village- Goria Chapra, P.S.- Revelganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Roy, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned APP for State.

The petitioner no.1 is the father-in-law, petitioner nos.2 and 3 are the younger brothers of the husband of the deceased. These petitioners are seeking anticipatory bail in connection with Revilganj P.S. Case No.55 of 2019 registered for the offences punishable under Sections 304(B) and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the death has taken place within two years of marriage. There are burn injuries and in course of investigation no independent witnesses has come forward to make any allegation against

Patna High Court CR. MISC. No.46282 of 2019(3) dt.26-09-2019 2/3 these petitioners who are in fact living separately in mess and business.

Learned APP for the State after going through the case diary accepts the position that there is no independent witness to support the allegations against the petitioners. Considering the facts and circumstances of the case whereunder these petitioners are said to be living separately from the family of the husband of the deceased and further that no independent witnesses has come forward to support the allegations against the petitioners, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of Sri Pramod Ranjan, learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Revliganj P.S. Case No.55 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.46282 of 2019(3) dt.26-09-2019 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T