Puran Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54649 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Puran Rai, Son of Nawal Kishore Rai.
2. Bimlesh Rai, Son of Nawal Kishore Rai.
3. Anita Devi, W/o Nawal Kishore Rai.
4. Nawal Kishore Rai, Son of Late Muneshwar Rai. All are resident of Village- Harpur, P.S. Sahkund, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sahkund P.S. Case No.83 of 2017 registered under Sections 302, 201 and 342/34 of the Indian Penal Code.
The accusation of the complainant/informant Bajrangi Prasad Rai is that on 15.04.2017, his sister Sanju Devi was killed by her husband Anil Rai, brother-in-law Nawal Kishore Rai (petitioner no.4), sister-in-law Anita Devi (petitioner no.3), Puran Rai and Bimlesh Rai (petitioner nos.1 and 2 respectively), both sons of Nawal Kishore Rai (petitioner no.4) and others and her
2/4 dead body has been thrown in a well. On receiving such information, the complainant/informant alongwith his brother Chunchun Rai and brother-in-law Shrawan Rai went to the sasural of his sister Sanju Devi and saw the dead body of Sanju Devi sustaining injury. Thereafter, when the complainant/informant made query to the husband of his sister and her sasural people, the husband of his sister told him that his sister has died due to falling in the well. After that, when the complainant/informant made protest about giving false statement by them and asked to inform the police and lodge a case, then all the accused alongwith others, locked the complainant/informant, his brother and brother-in-law in a room and gave threatening of dire consequences and got their signature on a paper.
They remained kept the complainant/informant, his brother and brother-in-law in a room and disposed of the dead body of the sister of the complainant/informant by burning and disappeared the evidence of her death. Since the sister of the complainant/informant had no issue, due to that reason, she was being tortured and killed. While the complainant/informant went to lodge the case at the police station but the case was not lodge. Thereafter, on 16.04.2014, the complainant/informant gave an application to the Senior Superintendent of Police but despite that the case was not lodged,
3/4 then the complainant/informant lodged the present complaint case. Learned counsel appearing on behalf of the petitioner submits that the petitioner nos.1 and 2 are the sons of the brotherin-law, petitioner no.3 is the sister-in-law and the petitioner no.4 is the brother-in-law of the deceased, the sister of the complainant/informant and they have falsely been implicated in this case. In fact, the deceased died due to falling on the ground in course of carrying the bundles of crops and, on information, the complainant/informant also visited to see his sister. Thereafter, the dead body of the deceased, the sister of the complainant/informant was disposed of on giving information the police station, which would appear from Annexure-2 to this application but with an ulterior motive, the complainant/informant lodged Complaint Case No.
633 of 2017 in the court of the Chief Judicial Magistrate, Bhagalpur, which is the basis of the preent F.I.R. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.
4/4 in connection with Sahkund P.S. Case No.83 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T