Kuldeep Razak @ Kuldeep Bhatia @ Kuldeep Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69129 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- ROSERA District- Samastipur ====================================================== 1.

KULDEEP RAZAK @ KULDEEP BHATIA @ KULDEEP BAITHA Son of Late Vidan Razak 2.

Ram Dulari Devi Wife of Kuldeep Razak 3.

Sanjeet Razak Son of Kuldeep Razak All resident of Village - Dattha, P.S.- Rosera, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-06-2020 Heard learned counsel appearing for petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends his arrest in connection with Rosera P.S. Case No.151 of 2019 registered for the offences punishable under Sections 304(B),328/34 of the Indian Penal Code.

At the very outset, learned counsel appearing for petitioner submits that during pendency of this anticipatory bail, petitioner no.1, namely, Kuldeep Razak @ Kuldeep Bhatia @ Kuldeep Baitha was arrested by the police and, therefore, his prayer for anticipatory bail has become infructuous.

Patna High Court CR. MISC. No.69129 of 2019(4) dt.24-06-2020 2/3 So far as petitioner nos.2 and 3 are concerned, they happen to be mother-in-law as well as brother-in-law of the deceased. He further submits that deceased committed suicide reasons known to her and information regarding the death of deceased was immediately given to informant, who came having got information regarding the death of the deceased, but subsequently, he lodged the present case. He further submits that moreover, the petitioners nos.2 and 3 do not have any concerned with the affairs of the husband of the deceased and no specific allegation of demand of dowry as well as torture has been levelled against the petitioners no.2 and 3.

On the other hand, learned Additional Public Prosecutor points out that the viscera report of deceased goes to show that poison was found in the viscera report of the deceased and, therefore, it is apparent from the viscera report that the deceased was poisoned to death.

Considering the aforesaid facts and circumstances of the case as well as status of petitioner nos.2 and 3 in their family, let petitioner nos.2 and 3, in the event of their arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) within two

Patna High Court CR. MISC. No.69129 of 2019(4) dt.24-06-2020 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Rosera, Samastipur in connection with Rosera P.S. Case No.151 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Prakash Narayan /- U T