Sudhir Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26717 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Sudhir Bhagat,

2. Anil Bhagat, Both are sons of Late Mahendra Bhagat, Resident of Village- Shahar Telpa, Police Station- Karpi (Shahar Telpa O.P.), DistrictArwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 304 B and 201/34 of the Indian Penal Code.

Allegation has been made that victim was married to one Sunil Bhagat and whereafter they started torturing her on account of non-payment of Rs. 1 lac and ultimately she was killed by the family members. Dead body was also disposed of in the night.

Learned counsel for the petitioners submits that petitioner no.1 is Bhaisur and petitioner no.2 is Debar. He has

Patna High Court Cr.Misc. No.26717 of 2018 (2) dt.03-05-2018 further submitted that they have no concerned with the family of the victim, inasmuch as she died natural death. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioners, namely, Sudhir Bhagat and Anil Bhagat, be released on anticipatory 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 IV, Arwal in connection with Karpi (Shahar Telpa) P.S. Case No.123 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that if the petitioners will not co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail. Vinay/- (Shivaji Pandey, J) U T