Rahul Singh @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1049 of 2025 Arising Out of PS. Case No.-513 Year-2024 Thana- MADHAURAH District- Saran ====================================================== 1.

Rahul Singh @ Rahul Kumar Singh S/O Manokamana Singh R/O Hasanpur, P.S- Madhaura, Distt.- Saran.

2.

Putul Kumari D/O Manokamana Singh R/O Hasanpur, P.S- Madhaura, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Madhu Mala Kumari, Advocate For the Informant :

Mr. Udai Shankar Singh, Advocate For the State :

Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Mr. Yogesh Chandra Verma, learned Senior counsel, along with Ms. Madhu Mala Kumari, learned counsel appearing on behalf of the petitioners, Mr. Udai Shankar Singh, learned counsel appearing on behalf of the Informant and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. At the outset, learned Senior counsel appearing on behalf of the petitioners, seeks to withdraw the pre-arrest bail application of the petitioner no.1 (elder brother-in-law of the victim), considering the nature of allegation made against him.

2/4

3. Accordingly, the pre-arrest bail application is dismissed as withdrawn with respect to the petitioner no.1.

4. So far as, the petitioner no.2 is concerned, she apprehends her arrest in connection with Madhaura P.S. Case No. 513 of 2024 registered under Sections 80(2), 238, 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding sections of Indian Penal Code : 304B, 201, 120B).

5. As per the allegation made in the FIR, the petitioners, alongwith other family members, have committed murder of the victim (daughter of informant).

6. Learned Senior counsel appearing on behalf of the petitioner no.2 submitted that the petitioner no.2 is innocent and she has falsely been implicated in the present case. Learned Senior counsel further submitted that the petitioner no.2 is the Nanad (sister-in-law) of the victim and prima facie she has no concern with the alleged offence, which has been committed by the other family members. The petitioner no.2 has clean antecedent. On these grounds, the petitioner no.2 seeks to be released on bail.

7. Learned APP for the State has opposed the prayer for grant of pre-arrest bail.

8. Learned counsel appearing on behalf of the

3/4 Informant has vehemently opposed the prayer for grant of prearrest bail.

9. Considering the submissions made on behalf of the parties, as well as, the fact that the petitioner no.2, who is the Nanad (sister-in-law) of the victim, has clean antecedent and prima facie she has no concern with the alleged offence, I am of the opinion that petitioner no.2 has, prima facie, made out a case to be released on pre-arrest bail.

10. The learned District Court is directed to release the petitioner no.2 on anticipatory bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, 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, Saran (Chhapra) in connection with Madhaura P.S. Case No. 513 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

11. The learned District Court is directed to verify the criminal antecedent of the petitioner no.2, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner no.2, as what has been stated in paragraph no. 3, this order will lose its force automatically.

12. Accordingly, the present bail application stands

4/4 disposed of.

(Purnendu Singh, J.) Ashishsingh/- U T