Binod Prasad Dubey @ Binod Prasad ... vs The State Of Bihar
2021 Latest Caselaw 1031 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31761 of 2020
          Arising Out of PS Case No.-31 Year-2019 Thana- ANTICHAK District- Bhagalpur
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1. Binod Prasad Dubey @ Binod Prasad Dubey, Aged about 63 years, Male, Son of Late Girish Chandra Dubey.

2. Putul Devi, Aged about 58 years, Wife of Binod Prasad Dubey, Female.

3. Mohit Kumar, aged about 26 years, Male, Son of Binod Prasad Dubey.

All are resident of Village- Bhawanipur, PS- Antichak, District- Bhagalpur.

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

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

     For the Petitioner/s    :        Mr. Ranjan Kumar Jha, Advocate
     For the State           :        Mr. Nand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Ranjan Kumar Jha, learned counsel for the

petitioners and Mr. Nand Kumar, learned Additional Public

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

2. The petitioners apprehend arrest in connection with

Antichak PS Case No. 31 of 2019 dated 09.08.2019, instituted

under Sections 328/34 of the Indian Penal Code.

3. The allegation against the petitioners, along with one

more accused, is of having forced the informant to drink a

concoction which was mixed with poison.

4. Learned counsel for the petitioners submitted that the

petitioner no. 1 is father-in-law; petitioner no. 2 is mother-in-law Patna High Court CR. MISC. No.31761 of 2020 dt.20-02-2021

and petitioner no. 3 is younger brother of the husband of the

informant. It was submitted that the informant and her husband

are living separately and despite there being partition they have

taken loan from many persons and now wanted the petitioners to

further give him land of their share. It was submitted that much

earlier petitioner no. 1 had filed an informatory petition before the

DIG, Bhagalpur stating out the facts and also pointing out that his

son was living with his wife and another sister of the informant

and they were trying to exert pressure for parting with their share

of the land also. Learned counsel submitted that the allegation

itself is unbelievable as there cannot be any question of forcefully

trying to make somebody drink and when the husband of the

informant is said to have been present, it is totally unbelievable

that he would go out and leave the informant alone. It was

submitted that earlier also the informant had filed a false case inter

alia under Section 498A of the Indian Penal Code in which the

petitioners have been granted anticipatory bail by the Court below

itself.

5. Learned APP submitted that there is allegation of

forcefully making the informant drink a poisonous solution.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the Patna High Court CR. MISC. No.31761 of 2020 dt.20-02-2021

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned ACJM - XIV, Bhagalpur in Antichak PS Case No. 31 of

2019, 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 petitioners, and (ii) that the

petitioners shall cooperate in the case. Failure to cooperate shall

lead to cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T