Umesh Rai @ Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.609 of 2024 Arising Out of PS. Case No.-72 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Umesh Rai @ Umesh Ray Son of Late Ayodhya Rai, Resident of Village - Mahmadpur, P.S.- Paroo (Paru), District - Muzaffarpur. 2.

Sudhir Kumar Yadav @ Sudhir Ray Son of Umesh Rai @ Umesh Ray, Resident of Village - Mahmadpur, P.S.- Paroo (Paru), District - Muzaffarpur. 3.

Anju Devi @ Sindhu Devi @ Rinju Devi Wife of Sudhir Kumar Yadav @ Sudhir Ray, Resident of Village - Mahmadpur, P.S.- Paroo (Paru), District - Muzaffarpur.

4.

Soni Devi wife of Surendra Rai @ Surendra Kumar, Resident of Village - Mahmadpur, P.S.- Paroo (Paru), District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Paroo P.S. Case No.72 of 2019, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, the marriage of niece of informant namely Rita Devi was solemnized in the year 2002 with Laldev Rai but she was killed by her husband, thereafter said Laldev Rai was married with another niece of informant

Patna High Court CR. MISC. No.609 of 2024(2) dt.23-01-2024 2/3 namely Babita Devi in the year 2007. The said Laldev Rai was working outside and due to land dispute the niece of the informant was killed by the accused persons alongwith the petitioners in absence of her husband.

4. Learned counsel for the petitioner submits that the petitioner no.1 is Chachera Sasur, petitioner no.2 is Chachera Devar and petitioner nos.3 & 4 are Chacheri Gotani of the deceased and they have no concern with the affairs of the deceased and her husband and their family members. He further submits that only on the basis of suspicion they have been falsely implicated in this case. Learned counsel submits that petitioners have no criminal antecedent and they are in custody since 27.09.2023. He further submits that similarly situated coaccused person namely Rita Devi has been granted bail by the Co-ordinate Bench of this Court vide order dated 06.01.2023 passed in Cr. Misc. No.20626 of 2022.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.609 of 2024(2) dt.23-01-2024 3/3 sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Muzaffarpur in connection with Paroo P.S. Case No.72 of 2019.

(Sunil Dutta Mishra, J) Ritik/- U T