Rupa Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7640 of 2019 Arising Out of PS. Case No.-175 Year-2018 Thana- RUPAULI District- Purnia ====================================================== 1.

Rupa Devi, aged about 36 years, Female, Wife of Jawahar Mandal alias Bathani Mandal 2.

Jawahar Mandal alias Bathani Mandal, aged about 45 years Male, Son of Late Mahadeo Mandal Both resident of village-Mahbala, Police Station-Rupauli, DistrictPurnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-04-2019 Heard Sri Ram Prawesh Kumar, learned counsel for the petitioners and Sri Rana Randhir Singh, learned Addl. Public Prosecutor.

In the case, earlier by order dated 08.02.2019 case diary was called for, which has been received and kept on record.

Learned counsel for the petitioners submits that petitioners were neither named in the F.I.R. nor during investigation any sufficient material has been brought on record to show their complicity, however, to the reasons best known to them, the police is proceeding against petitioners. Sri Rana Randhir Singh, learned Addl. Public

Patna High Court CR. MISC. No.7640 of 2019(4) dt.05-04-2019 2/2 Prosecutor, by way of referring to the fact disclosed in paragraph-20 of the case diary, submits that, prima facie, during investigation accusation against both petitioners have been found true.

Besides hearing, I have also examined the material on record. Fact remains that in the present case, petitioners are seeking anticipatory bail in Rupauli P.S. Case No.175 of 2018 registered for the offence under Section 302 of the Indian Penal Code. Since during investigation, prima facie, involvement of petitioners has surfaced, in such situation, I am of the opinion that there is no reason to entertain the prayer for anticipatory bail.

The anticipatory bail petition stands dismissed. (Rakesh Kumar, J.) nawalkrs/- U T