Raghu Singh @ Raghu Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83021 of 2024 Arising Out of PS. Case No.-487 Year-2024 Thana- NAWADA District- Nawada ====================================================== Raghu Singh @ Raghu Nandan Kumar Son of Late Nanku Singh R/O Vill.- Mahulidih, P.S. and Dist.- Nawadah ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vijay Singh Son of Late Khelawan Singh R/O Vill.- Padriya, P.S.- Sadar, Dist.- Nawadah.

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

For the Petitioner :

Mr. Ray Saurabh Nath, Advocate Ms. Manjari Nath, Advocate For the State :

Mr. Bharat Bhushan, APP For Opposite Party No.2 :

Mr. Priyadarshi M. Saran, Advocate Mr. Amit Anuraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. The prosecution case, as disclosed in the F.I.R., is that informant's daughter was married with this petitioner 9 years ago and it is alleged that she was used to be assaulted by accused persons. It is further alleged that on suspicion that this petitioner had illicit relations with his sister-in-law, the daughter of informant opposed the same and for this, she was assaulted by all the family members and finally on 20.04.2024 at about 5 PM (evening), the villagers informed the informant on mobile

Patna High Court CR. MISC. No.83021 of 2024(3) dt.27-01-2025 2/3 phone that his daughter has been killed by accused persons by strangulation and thereafter, she was hanged with ceiling fan.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely because he happens to be husband of the deceased. As per F.I.R. itself, informant is not eye-witness to the occurrence and only on suspicion, petitioner has been made accused in this case. As a matter of fact, due to family feud, the deceased committed suicide. The aforesaid fact is also apparent from the fact that dead-body of deceased was recovered from a room, which was locked from inside and informant and other family members also participated in last rites of deceased. Learned counsel for the petitioner lastly submits that informant is an illiterate person and had given his thumb impression on the F.I.R. without reading and understanding the contents and to substantiate this, he filed an application before the Court below, but the same was not appreciated. Petitioner claims clean antecedents. 5.

Learned counsel appearing on behalf of informant/opposite party no. 2 has specifically stated that informant, along with other family members, visited the house of deceased and found that his daughter had committed suicide

Patna High Court CR. MISC. No.83021 of 2024(3) dt.27-01-2025 3/3 in a fit of anger, since this petitioner (her husband) was busy in marriage arrangement in his family. It is further stated that thumb impression of the informant was obtained on a page, since he was an illiterate person and was unable to understand the contents of application and was informed that he had filed an F.I.R. with regard to sad demise of his daughter.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in connection with Nawadah Town P.S. Case No. 487 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T