Veena Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.14172 of 2017 (4) dt.07-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14172 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Veena Devi, Wife of Ramanuj Prasad Singh,

2. Ramnivas Kumar @ Amit,

3. Ram Lakhan Kumar @ Sumit, Both Sl. No.2 &3 are sons of Ramanuj Prasad Singh, resident of Village- Bhadhi, P.S. Barbigha, (Kewti O.P.), District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barbigha Police Station Case No. 352 of 2016, disclosing offences under Sections 420, 302, 201, 406, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. In fact, the deceased, who is aged about 85 years, happens to be the grand father of the petitioner namely Ram Nivas Kumar @ Amit died his natural death due heart disease, which is evident form

Patna High Court Cr.Misc. No.14172 of 2017 (4) dt.07-06-2017 annexure-3. The doctor who has treated the deceased has also stated that the deceased was taken to hospital by his family members and the deceased was suffering from serious heart disease, which is evident from paragraph- 53 of the case diary. Therefore, no specific case under Section 302 of the Indian Penal Code is made out against these petitioners. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate-II, Sheikhpura, in connection with Barbigha Police Station Case No. 352 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T