Sk. Tabul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5018 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- AMDABAD District- Katihar ======================================================

1. Sk. Tabul , aged about 60 year

2. Noori Khatoon, aged about 25 years ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek regular bail in connection with Amdabad P.S.Case No. 175 of 2018, registered for offences punishable under Sections 302 and 120 (B) of the Indian Penal Code.

Allegation as per F.I.R. against the petitioners is that the son of the informant had gone out and thereafter, all the accused persons including petitioners under a criminal conspiracy murdered her son and threw the dead body putting in a bag.

Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and except

Patna High Court CR. MISC. No.5018 of 2019(4) dt.12-03-2019 2/3 suspicion, there is absolutely nothing against the petitioners and no eye witness has supported the allegation and the petitioners have no criminal antecedents.

Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail on the ground that in paragraph-138, the brother of the informant has stated that the petitioner No. 2 alongwith her husband had threatened the son of the informant and they have taken to the son of the informant along with others and thereafter, next day, the dead body has been recovered.

Heard learned A.P.P., who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, accordingly, prayer of anticipatory bail is rejected. However, if the petitioners surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail, same will be considered by the learned court below on its own merit without being prejudiced by order of this court and also considering the fact that petitioner No. 2 is under family way and in advanced stage of pregnancy.

Patna High Court CR. MISC. No.5018 of 2019(4) dt.12-03-2019 3/3 With the aforesaid observation, the instant petition is disposed of.

(Vinod Kumar Sinha, J) sudha/- U T