Bhuar Rai @ Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60939 of 2024 Arising Out of PS. Case No.-532 Year-2023 Thana- MANER District- Patna ====================================================== 1.

Bhuar Rai @ Anil Rai Son of Mahendra Rai Resident of Village-Naudiariya, Sherpur, P.S.- Maner, District- Patna 2.

Mantu Kumar Son of Mahendra Rai Resident of Village-Naudiariya, Sherpur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-10-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that his daughter was married to Tuntun Rai @ Manav Rai about 4 years back and his daughter used to complain about torture being meted out to her on mobile, further on 03.07.2023, the informant gave Rs.2 lacs to the husband of his daughter. It is next alleged that on 07.07.2023, the daughter of the informant

Patna High Court CR. MISC. No.60939 of 2024(2) dt.01-10-2024 2/3 was killed by the accused persons including the petitioners.

4. The learned counsel submits that petitioners have been falsely implicated in the instant case by the informant being brother-in-law of the deceased. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the date of occurrence is 07.07.2023 and the F.I.R. came to be instituted on 24.07.2023 i.e. after a delay of more than 16 days, which casts an aspersion on the case of the prosecution. It is also submitted that the informant and his family members had participated in the cremation of the deceased on 07.07.2023 but then no F.I.R. was instituted but it appears that subsequently the F.I.R. came to be instituted by way of after thought. It is further submitted that the husband of the deceased has been acquitted in the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.60939 of 2024(2) dt.01-10-2024 3/3 amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Maner P.S. Case No.532/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T