IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27625 of 2025 Arising Out of PS. Case No.-95 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1. Hira Prasad S/o Late Sakal Mahto R/o vill - Koiri Tola, P.S. - Bairiya, Distt.- West Champaran 2. Ragini Devi @ Ragini Kumari W/o Mukesh Prasad R/o vill - Koiri Tola, P.S. - Bairiya, Distt.- West Champaran 3. Mina Devi W/o Hira Mahto R/o vill - Koiri Tola, P.S. - Bairiya, Distt.- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27771 of 2025 Arising Out of PS. Case No.-95 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Rupesh Ranjan S/O Chandrakishore Kushwaha R/O Village- Koiri Tola, P.S- Bairiya, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28600 of 2025 Arising Out of PS. Case No.-95 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1. Sandip Kumar S/O Alakh Mahto R/O Village- Koiri Tola, P.S- Bairiya, Dist.- West Champaran. 2. Vinod Kushwaha @ Vinod Prasad S/O Late Indrasan Mahto R/O Village- Koiri Tola, P.S- Bairiya, Dist.- West Champaran. 3. Harendra Giri S/O Late Shivmangal Giri R/O Village- Koiri Tola, P.S- Bairiya, Dist.- West Champaran. 4. Jalil Mian S/O Late Sher Mian R/O Village- Koiri Tola, P.S- Bairiya, Dist.- West Champaran. 5. Munna Kushwaha @ Munna Mahto S/O Chandrika @ Chandrika Mahto R/O Village- Koiri Tola, P.S- Bairiya, Dist.- West Champaran. ... ... Petitioner/s Versus Patna High Court CR. MISC. No.27625 of 2025(4) dt.03-09-2025 2/4 The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 27625 of 2025) For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate For the State : Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 27771 of 2025) For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate For the State : Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 28600 of 2025) For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate For the State : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 03-09-2025 Heard the parties. 2. The petitioners apprehend their arrest in connection with Bairiya P.S. Case No. 95 of 2022 for the offence registered under Sections 302, 120B/34 of the IPC lodged on 13.04.2022 by the informant Rajesh Prasad. 3. As per the prosecution story, the informant alleged that his son had gone to see the orchestra party, but the accused persons took him and later, they came to know that his son Ravi Kishan Patel and the daughter of Hira Mahto have been killed and hanged to a tree. This led to the FIR. 4. There is another story by way of Bairiya P.S. Case No. 97 of 2022 under Section 302, 120(B) of the IPC where Hira Mahto has alleged that his daughter Ansul Kumari was taken away by Rajesh Prasad @ Rajesh Patel and later, they came to know that she along with a boy has been hanged and killed. Accordingly, he named Rajesh Patel, Chandan Patel and other accused persons in Patna High Court CR. MISC. No.27625 of 2025(4) dt.03-09-2025 3/4 the FIR. 5. It is to be noted that Rajesh Prasad is the informant in the present case. 6. The Co-ordinate Bench has called for the case diary which is on record and the postmortem report shows that the death of the two young boy/girl was due to asphyxia as a result of hanging. 7. In the 21st century, over 25 years have already crossed, the parents are still forcing the young boy/girl not to make a choice and they get tortured to the extent as in the present case, to take extreme steps. It is unfortunate and both sides cannot exonerate themselves from the alleged death of the innocent young persons. 8. However, keeping into account the fact that the cause of death in the postmortem report has been recorded as asphyxia due to hanging, the FIR is there, the petitioner shall be facing the trial, in that background, this Court is inclined to grant them the anticipatory bail with conditions. 9. Let the petitioners, in the event of their arrest or surrnender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, Patna High Court CR. MISC. No.27625 of 2025(4) dt.03-09-2025 4/4 West Champaran at Bettiah in connection with Bairiya P.S. Case No. 95 of 2022 subject to condition as laid down under Section 438 (2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show is bona fide; (ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself; (iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. priyanka/- (Rajiv Roy, J) U T