Karna Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67356 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

Karna Vijay Singh, Son of Maharana Pratap singh Village Po- Harpur Belwa, Ps- Mahua District- Vaishali 2.

Rupam Devi, Wife of Karna Vikau Singh Village Po- Harpur Belwa, PsMahua District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey- Advocate For the State :

Mr. Chandra Bhushan Prasad- A.P.P.

For the Informant :

Mr. Sanjeev Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025

1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The petitioners seek bail in anticipation of their arrest in Mahua P. S. Case No.192 of 2023 registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioners, being elder brother in-law and sister in-law (Gotni) of the deceased) have been falsely implicated in the instant case by the informant. It is further submitted that petitioners are separate in

Patna High Court CR. MISC. No.67356 of 2024(2) dt.12-02-2025 2/3 mess and property from the husband of the deceased. It is also submitted that Maharana Pratap Singh (father in-law of the deceased) had approached this Court seeking anticipatory bail by filing Cr. Msic. No.36089 of 2024 and the same was allowed by an order 19.06.2024. It is also submitted that the Court had considered the case in detail and on merits while granting anticipatory bail to Maharana Pratap Singh and thus, based on parity the petitioners seek anticipatory bail.

4. The learned counsel appearing on behalf of the informant as well as learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail and submits that petitioners have not approached this Court with clean hands. It is submitted that at Para-3, it has been pleaded that petitioners are persons with clean antecedent, when petitioners have antecedent of one case, on which the learned counsel appearing on behalf of the petitioners submits that the case in which petitioners are implicated emanates from the same occurrence for which the instant anticipatory bail application has been filed as the said case was instituted by the police. The learned counsel for the informant next submits that process under Section 82 and 83 Cr.P.C. was issued against the petitioners in the month of November, 2023 and since then, the petitioners are absconding.

Patna High Court CR. MISC. No.67356 of 2024(2) dt.12-02-2025 3/3

5. The Court was inclined to release the petitioners on anticipatory bail, but since process under Section 83 Cr.P.C. has been issued as submitted by the learned counsel appearing on behalf of the informant in November, 2023 itself, as such, the Court does not feel persuaded to grant the privilege of anticipatory bail to the petitioners.

6. The prayer of the petitioners for anticipatory bail stands rejected accordingly.

(Satyavrat Verma, J) vikash/- U T