Mundrika Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50525 of 2023 Arising Out of PS. Case No.-305 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Mundrika Rai, S/O Late Rajeshwar Rai, R/O Village- Semra, P.S. Barahara, Dist. Bhojpur 2.

Munna Rai @ Muna Rai, S/O Mundrika Rai, R/O Village- Semra, Ps. Barahara, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Barahara P.S. Case No. 305 of 2023 dated 21.05.2023 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the wife of the

Patna High Court CR. MISC. No.50525 of 2023(2) dt.16-08-2023 2/3 informant by pressing her neck due to land dispute.

5. Learned counsel for the petitioners submitted that there is general and omnibus allegation against them to kill the wife of the informant but the postmortem report indicates that the cause of death was due to asphyxia caused by hanging. The petitioner has clear antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 22.05.2023.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the bail petition of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Barahara P.S. Case No. 305 of 2023 with the condition:- That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reas16.08.2023onable cause, the bail bond of the petitioners are liable to be cancelled.

Patna High Court CR. MISC. No.50525 of 2023(2) dt.16-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Bhardwaj/- U T