IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1230 of 2025 Arising Out of PS. Case No.-170 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== 1. Raja Alam S/O Kalam Miya Residence of Village- Siswa, P.S.-Srinagar, Dist-West Champaran, Bihar 2. Munna Kumar S/O Naresh Mukhiya Residence of Village- Siswa, P.S.- Srinagar, Dist-West Champaran, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajdeep Kumar, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 23-01-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Srinagar P.S. Case No. 170 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. 3. Allegedly the informant, who happens to be Chaukidar of the local police station reported that on 14.12.2023 co-accused; Mira Hussain @ Rehan, the husband of the deceased along with other family members committed murder of deceased (Maira Khatoon). It is further alleged that the petitioners along with others, later on, buried the dead body Patna High Court CR. MISC. No.1230 of 2025(2) dt.23-01-2025 2/3 in the field of Swaminath Chaudhary. It has also been disclosed that co-accused Mira Hussain @ Rehan has solemnized marriage with the deceased 9-10 years ago at Surat and this was protested by his family members. 4. Learned Advocate for the petitioners drawing the attention of this Court to the fardbeayn of the Chaukidar contended that the entire case is instituted on suspicion and moreover, the alleged occurrence took place on 14.12.2023, whereas, the fardbeyan of Chaukidar was recorded on 17.12.2023. Referring to the aforenoted narration, it is further contended that even if the allegation taken to be true, it is alleged that the petitioners extended help in disposal of the dead body and, as such, the offence, if any, is made out, that is under Section 201 of the Indian Penal Code, which is bailable in nature. The petitioners are not the family members of the co- accused Mira Hussain @ Rehan and barring the allegation that they have extended help in burying the dead body, there is nothing. The petitioners are men of fair antecedent and they undertake that they will fully co-operate in the investigation or in the proceeding of the Court. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that since Patna High Court CR. MISC. No.1230 of 2025(2) dt.23-01-2025 3/3 the dead body has been recovered on the disclosure made by the Chaukidar, a proper investigation is required to verify the complicity of the petitioners in the crime. 6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation levelled in the FIR, which, prima facie, makes out a case under Section 201 of the Indian Penal Code, coupled with the fair antecedent, let the petitioners, above named, be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Srinagar P.S. Case No. 170 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners. shivank/- (Harish Kumar, J) U T