Asharfi Das @ Asharfi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74980 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- GORAUL District- Vaishali ====================================================== 1.

ASHARFI DAS @ ASHARFI RAM Son of Late Ramashish Ram Resident of Village - Begampatti, P.S.- Goraul (Kuthara OP), District- Vaishali 2.

Akhilesh Ram @ Akhilesh Kumar Son of Asharfi Das @ Asharfi Ram Resident of Village - Begampatti, P.S.- Goraul (Kuthara OP), DistrictVaishali 3.

Ajay Ram Son of Late Binda Ram Resident of Village - Begampatti, P.S.- Goraul (Kuthara OP), District- Vaishali 4.

Pradeep Ram Son of Late Nunu Ram @ Late Nandan Ram Resident of Village - Begampatti, P.S.- Goraul (Kuthara OP), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhya Keshari Kumar, Sr. Adv.

Mr.Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Goraul (Kathara OP) P.S. Case No. 195 of 2019 for the offence punishable under Sections 363, 365 and 302 of the Indian Penal Code.

The allegation is regarding the son of the informant having gone missing and after an enquiry was made, it transpired that his dead body was lying at other village namely, Musari, District Muzaffarpur and then the informant had gone

Patna High Court CR. MISC. No.74980 of 2019(3) dt.11-12-2019 2/2 there and recognized the dead body to be that of his son. The learned Senior counsel for the petitioners has submitted that the petitioners have not been named in the FIR and a bare perusal of the case diary would show that they had got no complicity in the alleged crime. It is further submitted that the petitioners are having a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Vaishali at Hajipur in connection with Goraul (Karthara) P.S. Case No. 195 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T