Bajrangi Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63503 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.
Manita Devi Wife Of Bajrang Rai Resident Of Village- Raydi, Ps- Bihta, Distt- Patna 2.
Ramvati Devi Wife Of Triloki Rai Resident Of Village- Raydi, Ps- Bihta, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65852 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.
Bajrangi Ray S/O Late Shivpujan Rai R/o Raydi, P.s. - Bihta, Distt. - Patna 2.
Munna Ray @ Munna Kumar Son of Shivpujan Rai R/o Raydi, P.s. - Bihta, Distt. - Patna 3.
Triloki Rai @ Triloki Nath Rai Son of Late Shivpujan Rai R/o Raydi, P.s. - Bihta, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 63503 of 2023) For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 65852 of 2023) For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-12-2023 Since both the Anticipatory Bail Applications arise out of same P.S. case number, they have been heard together and are being disposed of by a common order.
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2. Heard learned counsel for the petitioners and learned A.P.P. for the State in both applications.
3. The petitioners apprehend arrest in connection with Bihta P.S. Case No. 248 of 2023 dated 12.03.2023 instituted for the offence punishable under Sections 302/34, 201 of the Indian Penal Code.
4. The prosecution case, in short, is that there were some altercation and disputation between informant's husband and petitioners for ancestral property since two and three years. The petitioners were threatening to kill informant's husband. On 12.03.2023 at about 12.00 noon, the informant received information that her husband has died. Thereafter, the informant along with her father and relatives went to her husband's house and found that all rooms of the house were locked and petitioners were fled away. On enquiry from neighbours, the informant came to know that all the petitioners administered poison to her husband at night and disappeared his body.
5. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioners, namely, Manita Devi and Ramvati Devi are the sister-in-law (Bhabhi) of the deceased and Bajrangi Ray, Munna Ray @ Munna Kumar, and
3/4 Triloki Rai @ Triloki Nath Rai are the elder brothers of the deceased, who reside separately. Learned counsel for the petitioners submits that from perusal of the paragraph 58 of the case diary, it reveals that deceased committed suicide. Learned counsel for the petitioners submits that allegations against the petitioners are general and omnibus. Learned counsel for the petitioners submits that as per the F.I.R., the informant herself stated that she went to the house of her father, which clearly shows that the informant went to her father' house after quarrel with her husband, due to which he committed suicide. Lastly, it has been submitted that petitioners have no criminal antecedents.
6. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.
7. Having considered the facts and circumstances of the case and submissions of learned cousnsel for the parties, in the event of arrest / surrender of the petitioners of both anticipatory bail application, within a period of six weeks from today, in connection with Bihta P.S. Case No. 248 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I,
4/4 Danapur (Patna) subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T