Rupesh Kumar vs The State Of Bihar
2021 Latest Caselaw 4058 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.37193 of 2020
  Arising out of PS. Case No.-86 Year-2020 Thana- MOTIHARI MUFASIL District- East
                                       Champaran
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Rupesh Kumar, aged about 25 years (Male), Son of Sukan Sahani Resident of Village - Basman Bhawanipur, Police Station - Muffasil Motihari, District - East Champaran

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s    :       Mr. Anil Kumar, Advocate
For the State           :       Mr. Binod Kumar No. 3, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Anil Kumar, learned counsel for the

petitioner and Mr. Binod Kumar No. 3, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Muffasil Motihari PS Case No. 86 of 2020 dated 21.02.2020,

instituted under Sections 304(B) and 201/34 of the Indian Penal

Code.

4. The allegation against the petitioner, along with his

other family members, is killing the wife of his elder brother who

was the sister of the informant.

Patna High Court CR. MISC. No.37193 of 2020 dt.10-08-2021

5. Learned counsel for the petitioner submitted that due

to misconception and erroneously, the case has been filed as the

husband of the deceased, who is the elder brother of the petitioner

himself had informed the informant that his sister had gone away

and was not traceable and further that the elder brother had given

information to the local police but no action was taken. Learned

counsel submitted that the body was recovered after six days and it

was found that she had been abused physically and murdered.

Learned counsel submitted that the husband of the deceased is in

custody and his prayer for bail has been rejected by this Court

also. It was contended that the petitioner and his parents are living

separately from the deceased and her husband and, thus, are not

privy to what may have happened and also, that they have no role

in the matter. Learned counsel submitted that he is the younger

brother of the husband of the deceased having no criminal

antecedent and further that there are two children born out of the

wedlock and there was no reason for the petitioner or his family

members to commit such crime. It was submitted that the deceased

was running Gandhi Jiwika Samooh and for taking loan of Rs.

1000/-, she had gone to visit the informant but thereafter did not

return. Learned counsel submitted that in fact, later on, a

compromise has also been filed by the informant stating that due

to misconception, he has filed the case. He submitted that he has Patna High Court CR. MISC. No.37193 of 2020 dt.10-08-2021

forwarded copy of the deposition of the informant and two other

witnesses in the trial of the brother of the petitioner, Chhotelal

Sahani, who is the husband of the deceased, in which all the

witnesses have stated that due to misconception and suspicion FIR

has been filed against the accused who are the in-laws of the

deceased and that there was no earlier demand of dowry or

complain made against them. Learned counsel submitted that the

petitioner was not in the know of things as he was living

separately. It was submitted that no evidence has come to indicate

any foul play by the petitioner or his family members. It was

further submitted that the petitioner has no other criminal

antecedent.

6. Learned APP, from the case diary, submitted that in

the investigation, the informant in his restatement and witnesses

Chamcham Kumar and Sanjiv Kumar, have supported the

prosecution case. However, it was not controverted that there is no

other witness who has supported the prosecution case.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

the deposition of the said two witnesses and the informant himself

stating before the Court during trial of the husband of the

deceased, that the petitioner and his family members had no role Patna High Court CR. MISC. No.37193 of 2020 dt.10-08-2021

and due to misconception and suspicion the case was filed, the

Court is inclined to allow the prayer for pre-arrest bail.

8. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioner be

released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty

five thousand) with two sureties of the like amount each to the

satisfaction of the Chief Judicial Magistrate, Motihari, East

Champaran in Muffasil Motihari PS Case No. 86 of 2020, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further (i) that one of the bailors

shall be a close relative of the petitioner and (ii) that the petitioner

shall co-operate with the Court and police/prosecution. Failure to

cooperate shall lead to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

                         10.   The      petition     stands      disposed      of       in   the

           aforementioned terms.

                                                   (Ahsanuddin Amanullah, J)
Vikash/-

AFR/NAFR
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