IMPORTANT POINT
Anticipatory bail cannot be granted in heinous offences.

JUDGMENT :

(Vikram Nath, J.)

1. Leave granted.

2. The instant appeal has been preferred by the complainant against the grant of anticipatory bail to respondents nos. 2 to 4 by the High Court of Judicature at Patna in Criminal Miscellaneous No. 28525 of 2023, vide order dated 25.07.2023.

3. Brief facts of the present case are that the appellant herein had submitted a written application on 13.01.2023 before S.H.O., Mufasil alleging that on the same day at around 7.00 pm, he came out of the house hearing the ruckus and saw that the body of his 20-year-old nephew, Mukesh Kumar, was ablaze the fire. When the appellant asked his injured nephew, he was told that Sindhu Devnath, Sanjit Devnath, Ratan Devnath (respondent no. 2 herein), Lalita Devi (respondent no. 3 herein), Sunil Devnath and Rina Devi (respondent no. 4 herein) had caught hold of him, whereby Sindhu Devnath told him that the appellant’s nephew loved his daughter and all of them started beating and abusing him. Further, it was stated that all of the accused persons, with an intention to kill, poured kerosene oil over the appellant’s nephew and set his body on fire. As such, Motihari Mufasil P.S. Case No. 28 of 2023 was lodged for the offences punishable under sections 341, 323, 307, 504 and 34 of the Indian Penal Code, 1860¹[“IPC”, hereinafter.].

4. In the course of the treatment, the nephew of the appellant succumbed to the burn injuries on 17.01.2023 and consequently, Section 302 of the IPC was added.

5. Apprehending their arrest in connection with the above-mentioned FIR, respondent nos. 2 to 4 preferred an application seeking anticipatory bail before the Sessions Court which was rejected by the Court of Additional District and Sessions Judge-22, East Champaran, Motihari, vide its order dated 24.03.2023. Subsequently, the Police submitted chargesheet against one of the accused persons namely Sindhu Devnath, wherein it was also categorically mentioned that from the investigation so far, the case has been found true against all the accused persons named in the FIR and subsidiary investigation of the case was still pending then.

6. Aggrieved by the rejection of anticipatory bail by the Court of Additional District and Sessions Judge, respondent nos. 2 to 4 preferred an application seeking anticipatory bail before the Patna High Court. The High Court, vide the impugned order, allowed the application of respondent nos. 2 to 4 and granted them anticipatory bail.

7. The appellant-complainant is aggrieved by the order dated 25.07.2023 and has submitted that such a grant of anticipatory bail by the High Court was unwarranted.

8. Notices in the instant matter were issued on 12.01.2024. However, despite service of notice, respondent nos. 2 to 4 had initially failed to put in appearance. Eventually, the respondents did put in appearance and sought time to file counter-affidavit which was recorded in the order dated 04.11.2024. However, on 25.11.2024, we were apprised by Mr. Amitava Poddar, learned counsel appearing for the respondent-accused nos. 2 to 4 that the accused persons have instructed him not to appear on their behalf anymore. Therefore, we had directed for non- bailable warrants to be issued against respondent nos. 2 to 4 to ensure that they are taken into custody and be produced before this Court on the next date.

9. Pursuant to the abovementioned order dated 25.11.2024, respondent nos. 2 to 4 are present in the Court today.

10. Mr. Arup Banerjee, Advocate-on-Record represents respondent nos. 2 to 4. Respondent no. 4 has been produced before us by Sub Inspector Mr. Sudhir Tiwari, East Champaran, Bihar.

11. As the respondent no. 4 has been produced in custody and such non-bailable warrants were issued only for the purpose of appearance since the respondents were evading to enter appearance before this Court, she was directed to be released.

12. As for the matter with regard to grant of anticipatory bail to the respondents-accused, the law has been enunciated by this Court in Sushi