Binod Prasad Dubey @ Binod Prasad Dubey And Ors vs State Of Bihar

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.

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.

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.

Learned counsel for the petitioners submitted that the petitioner no. 1 is father-in-law; petitioner no. 2 is mother-in-law 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.

Learned APP submitted that there is allegation of forcefully making the informant drink a poisonous solution.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the 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.

The application stands disposed off in the aforementioned terms.