Raja Kumar @ Braj Bhushan Gupta @ Brijbhushan Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51916 of 2024 Arising Out of PS. Case No.-183 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Raja Kumar @ Braj Bhushan Gupta @ Brijbhushan Gupta, S/O Birendra Prasad Gupta R/O Village- Puranhaya, P.S- Ghorasahan, Distt. East Champaran.
2.
Madhuri Kumari, D/O Birendra Prasad Gupta R/O Village- Puranhaya, P.SGhorasahan, Distt. East Champaran. 3.
Anita Devi, W/O Birendra Prasad Gupta R/O Village- Puranhaya, P.SGhorasahan, Distt. East Champaran. 4.
Surendra Prasad Gupta, S/O Rajendra Sah R/O Village- Puranhaya, P.SGhorasahan, Distt. East Champaran. 5.
Ujjala Devi @ Ujjala Kumari, W/O Raja Kumar R/O Village- Puranhaya, P.S- Ghorasahan, Distt. East Champaran.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 09.04.2024 at about 12.00 hours, all the accused persons named in the F.I.R. including these
Patna High Court CR. MISC. No.51916 of 2024(2) dt.30-07-2024 2/3 petitioners committed murder of her daughter by strangulating her. It is further alleged that accused persons earlier also used to commit cruelty with her daughter for demand of dowry and when the informant went to the matrimonial home of her daughter, she found her dead body.
4. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the same is cryptic and vague. It is also submitted that the informant does not even disclose the name of the husband of the deceased, nor the year in which she was married. It is next submitted that the entire allegation hinges around suspicion as informant is not an eye witness to the occurrence and the husband of the deceased is in custody. It is also submitted that petitioners will not abscond rather will cooperate in the investigation as they have been implicated being family members of the husband of the deceased.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail
Patna High Court CR. MISC. No.51916 of 2024(2) dt.30-07-2024 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-3rd, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P. S. Case No.183 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T