Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Devendra Paswan Son Of Late Nagina Ram Resident Of VillagePrataptand, P.S.- Bhagwanpur, District- Vaishali 2.

Malti Devi @ Kismati Devi @ Krishna Malti Devi W/O Devendra Paswan Resident Of Village- Prataptand, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 101 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Ravi Kumar Son of Upendra Paswan Resident of Village - Prataptand, P.S.- Bhagwanpur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 34 of 2022) For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP (In CRIMINAL MISCELLANEOUS No. 101 of 2022) For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Bhagwanpur P.S. Case No. 188 of 2021 lodged under Sections

Patna High Court CR. MISC. No.34 of 2022(4) dt.07-12-2022 2/3 302, 201, 120(B) of the I.P.C.

As per the prosecution case, the dead body of a male and a female was recovered from a pond situated in Prataptanr village. It has been alleged in the F.I.R. that the local chaukidar has identified the body and it has come in the F.I.R. that both were in love and interested to marry but family members of both persons used to oppose for the said marriage. It has been stated that the family members of the deceased have not shown their interest in the identification of the body.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Learned counsel submits that petitioners of Cr. Misc.No 34 of 2022 are mother and father of deceased family where the petitioner of Cr. Misc. No.101 of 2022 is the cousin of deceased family. He submits that prima facie of this case, it transpires to be owner killing but the situation in which dead body recovered indicates that it is suicide because at the time of death, their hand were tied and post-mortem report supports that both died due to drowning.

Learned counsel for the petitioners submits that antecedent of the petitioners are clean and they are in custody since 06.09.2021 and charge sheet has already been filed in this

Patna High Court CR. MISC. No.34 of 2022(4) dt.07-12-2022 3/3 case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 188 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T