Bhubneshwar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24770 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Bhubneshwar Rai, Son of Late Saukhi Rai,

2. Indu Devi, Wife of Bhubneshwar Rai, Both Resident of Village- Barhauna Tanda, P.S.- Vidyaptinagar, Dsitrict- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Nilesh Kumar, Adv.

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s : Mr. Ajay Kumar-1 For the Informant : Mr. Ram Bilash Mahto, Adv. Mr. Dilip Kumar Roy, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and learned counsel for the State as also counsel for the Informant. In this case, the petitioners are apprehending their arrest in connection with Vidyapatinagar P.S. Case No. 20 of 2017 registered for offences under sections 341, 323, 328, 302, 120(B) of the Indian Penal Code.

The deceased was found dead in the house and in another room, the Dabba of Salfas was found. An allegation has been made that in the year 2013 the deceased had sold the land to the accused persons but, there was an agreement that on return of Rs. 2 lac, the property will be returned to the deceased. Bhubneshwar

Patna High Court Cr.Misc. No.24770 of 2017 (4) dt.11-08-2017 Rai and Indu Devi, the present petitioners, started demolishing the house, the deceased protested the same and, later on, the victim was informed dead.

Looking to the allegation made against the petitioner no.1, this Court is not inclined to grant privilege of anticipatory bail to him. Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely, Bhubneshwar Rai is rejected. However, the petitioner no.2, Indu Devi, being a lady, is granted anticipatory bail.

Let the petitioner no.2, namely, Indu Devi, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-3, Dalsinghsarai, Samastipur in connection with Vidyapatinagar P.S. Case No. 20 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Rishi/- U T