Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70694 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- GAURICHAK District- Patna ====================================================== 1.

Nitish Kumar S/O Shambhu Singh R/O Village- Baruna, P.S- Gaurichak, District- Patna 2.

Shambhu Singh S/O Late Raj Nath Singh @ Rajnath Singh R/O VillageBaruna, P.S- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Gaurichak P.S. Case No. 108 of 2022 registered for the offences punishable under Sections 323, 380, 420, 304B/34 of the Indian Penal Code .

The prosecution case is based on a written report by the informant alleging therein that informant's sister Sarita Devi married with Ram Udit in the year 2011 and out of this wedlock, two children were born. After death of Sarita Devi he got married with Sanju Devi. On 23.03.2020 all the accused persons administered poison with common intention to kill him

Patna High Court CR. MISC. No.70694 of 2022(2) dt.21-03-2023 2/2 and grab all the properties of the deceased.

Complainant is brother-in-law from the first w wife of the deceased. These petitioners have been implicated in this case only with a view to grab the property of the deceased. Neither the informant nor anyone had seen the accused persons administrating poison to the deceased. It appears from the post mortem report that no any antimortem injury was found on the body of the deceased. Petitioners have got clean antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four 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) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Patnacity in Gaurichak P.S. Case No. 108 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T