Akhil Bihari Upadhyay @ Lal Bihari Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNACriminal Miscellaneous No.2260 of 2013 ====================================================== 1. Surendra Upadhyay @ Surendra Kumar Upadhyay S/O Late Ramasheesh Upadhyay Resident Of Village- Reka, P.S- Sikraul, District- Buxar, At Present Working As Irrigation Revenue Inspector Son Canal Sub- Division, Buxar. 2. Akhil Bihari Upadhyay @ Lal Bihari Upadhyay S/O Late Ramasheesh Upadhyay Resident Of Village- Reka, P.S- Sikraul, District- Buxar, At Present Working In Income Tax Department, Govt. Of India, Morbi, District- Rajkot, Gujara. .... Petitioners Versus The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGHORAL ORDER Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel appearing for the informant. 4 20-05-2013 The petitioners seek anticipatory bail in a case registered under section 304B read with 34 and section 201 of the Indian Penal Code. It is contended that the petitioners are the uncle of the husband of the deceased having no connection with the husband of the deceased as they are living separately since long. It is further contended that petitioner no.1 is working as Irrigation Revenue Inspector, Son-canal Sub-Division, Buxar and on the alleged date of occurrence he was at Patna in discharge of his official duty. So far as the petitioner no.2 is concerned, it is stated that he is an employee of the Government of India, in the Department of Income Tax, posted at Morbi, District- Rajkot, Gujrat and during the relevant period he was also not present at the place of occurrence. Learned counsel has drawn my attention towards the medical prescriptions which shows that the deceased who was suffering with certain ailments was first treated by one Dr. Birendra Narayan Choubey, a cardio gastro entrologist on 21.05.2012, who referred her to P.M.C.H., Patna or B.H.U. However, she could not be saved and pursuant to her death she was cremated at crematorium in Buxar. Learned counsel has further contended that the father-in-law and mother-in-law of the deceased namely, Bipin Bihari and Bimla Devi have already been granted anticipatory bail vide order dated 25[th] April, 2013, passed in Cr. Misc. no. 2483 of 2013 by another Bench of this Court. Be that as it may, taking onto consideration the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case no. 368 of 2012, subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. P.K./- (Ashwani Kumar Singh, J)