Brij Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79112 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== 1.
Brij Rai S/o- Chandrika Rai Village- Lalgarh, Ward No-4 P.S.- Bettiah Muffasil, District- West Champaran 2.
Ranjan Rai S/o- Late Chandrika Rai Village- Lalgarh, Ward No-4 P.S.- Bettiah Muffasil, District- West Champaran 3.
Kushahar Rai S/o- Late Chandrka Rai Village- Lalgarh, Ward No-4 P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad For the Opposite Party/s :
Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and the informant alleges that he works as a labourer in Siwan and visits his house once in 2-3 months, further on 02.02.2024 in his absence, Bhairo, Raj Kumar, Punam, Nirmala and Deepamala entered her house and had an altercation with his wife and thereafter they
Patna High Court CR. MISC. No.79112 of 2024(2) dt.20-12-2024 2/3 strangulated her to death and with a view to conceal evidence disposed of her dead body.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners are Pattidars of the informant and they are having dispute relating to property for which Title Suit No. 342 of 1969 and Execution Case No. 14 of 1991 are pending between the parties. It is also submitted that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion. It is next submitted that Bhairo Tiwary along with 2 others had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 36379 of 2024 and the same was allowed by an order dated 29.08.2024.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.79112 of 2024(2) dt.20-12-2024 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bettiah Muffasil P.S. Case No. 64 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T