IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23808 of 2020

Arising Out of PS. Case No.-141 Year-2018 Thana- NIRMALI District- Supaul

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1.

AARTI KUMAR @ AARTI KUMARI Daughter of Prabhu Pd. Sah @

Prabhu Prasad Sah Resident of Village - Nirmali, P.S.- Nirmali, District -

Supaul

2.

Prabhu Pd. Sah @ Prabhu Prasad Sah Son of Jagarnath Sah Resident of

Village - Nirmali, P.S.- Nirmali, District - Supaul

3.

Chanda Gupta Wife of Prabhu Pd. Sah @ Prabhu Prasad Sah Resident of

Village - Nirmali, P.S.- Nirmali, District - Supaul

4.

Chandan Kumar @ Vijay Kumar Sah Son of Prabhu Pd. Sah @ Prabhu

Prasad Sah Resident of Village - Nirmali, P.S.- Nirmali, District - Supaul

5.

Kundan Kumar Gupta @ Chhotu Son of Prabhu Pd. Sah @ Prabhu Prasad

Sah Resident of Village - Nirmali, P.S.- Nirmali, District - Supaul

... ... Petitioners

Versus

THE STATE OF BIHAR Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Arun, Advocate

For the Opposite Party/s :

Mr. Ram Naresh Roy, APP

For the Informant : Mr. Yogesh Chandra Verma, Sr. Advocte

Mr. Satyendra Kumar Jha, Advocate

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

3

18-01-2021

Heard learned Counsel for the petitioners, learned Senior

Counsel for the informant and the learned Counsel for the State.

This Court would expect that the petitioners’ Counsel

would honour his undertaking in the instant proceedings regarding

supply of requisite court fee etc. within two weeks from the date he

is called upon to do so by the office.

Petitioners apprehend arrest in Nirmali PS Case No. 141

of 2018 registered under Sections 302/34 of the IPC.

The FIR regarding unnatural death of the victim was

lodged. The same was investigated and subsequently final form was

submitted.

It is submitted by learned Counsel for the petitioners that

Patna High Court CR. MISC. No.23808 of 2020(3) dt.18-01-2021

2/3

much later the informant has lodged an objection and on such basis

the petitioners have been implicated in this case. It is submitted that

the petitioners’ implication is merely on the basis of some suspicion

alleging that petitioner No. 1 was on some inimical terms with the

deceased. The death, even as per the investigation, has occurred in

the house of the victim himself and there is no basis for implication

of entire family of the petitioners.

Learned Senior Counsel for the informant has submitted

that there were call details to show that the victim was telephonically

in touch with the accused persons. The inquest report shows that the

victim has been murdered, as blood stained blade has been found

from the room where he was found hanging. Even the death as per

inquest was due top cut found on the victim.

Learned APP for the State has opposed the prayer for

anticipatory bail.

Having considered the rival submissions this Court is

inclined to grant the privilege of anticipatory bail to the petitioners.

Accordingly, let the petitioners above named, in the event

of arrest or surrender before the court below within four weeks from

today, be released on bail on furnishing bail bonds of Rs. 10,000/-

(Ten thousand) with two sureties of the like amount each to the

satisfaction of Judicial Magistrate, lst Class, Birpur, Supaul in

Nirmali PS Case No. 141 of 2018 subject to all conditions as laid

down in Section 438(2) of the Criminal Procedure Code as also the

following conditions:-

(i) That one of the bailors will be a close relative

of the petitioner who will give an affidavit giving

genealogy as to how he is related with the

petitioner. The bailor will also undertake to inform

the Court if there is any change in the address of

the petitioner.

(ii) That the petitioner will be well represented on

Patna High