Ram Babu Rai @ Ram Babu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51440 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.
RAM BABU RAI @ RAM BABU PATEL Son of Late Durga Rai Resident of village - Ragunathpur, P.S. - Majorganj, Distt. - Sitamarhi 2.
Suzata Kumari W/o Ram Babu Patel Resident of village - Ragunathpur, P.S. - Majorganj, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners, in the present case, are seeking prearrest bail in connection with Majorganj P.S.Case No.81 of 2023 registered for the offences punishable under Sections 341, 323, 498A and 504/34 of the Indian Penal Code. The petitioners have got no criminal antecedent.
3. As per the prosecution story, the informant alleged that she had solemnized love marriage with one Kumar Gaurav on 3.11.2022. It is alleged that thereafter both wife and husband went to Mumbai and after 2-3 months her father-in-law took them to his house at Raghunathpur. It is further alleged that
Patna High Court CR. MISC. No.51440 of 2023(2) dt.23-08-2023 2/3 thereafter she was being subjected to cruelty by the petitioners and other co-accused and they refused to keep her. It is further alleged that on 18.03.2023 at about 2.30 hours the accused persons were going to set her on fire, but anyhow she managed to escape herself from the house.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Learned counsel submits that the petitioners are father-in-law and mother-in-law of the informant and the husband has already surrendered and enlarged on regular bail from Juvenile Justice Board, Sitamarhi.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having regard to the facts and circumstances of the case wherein these petitioners are father-in-law and mother-inlaw of the informant, the husband has already surrenderd and enlarged on regular bail from Juvenile Justice Board, Sitamarhi, this Court directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners abovenamed be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1,
Patna High Court CR. MISC. No.51440 of 2023(2) dt.23-08-2023 3/3 Sitamarhi in connection with Majorganj P.S. Case No. 81 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) arvind/- U T