Patna High CourtCR. MISC./9968/2016rejected

Birendra Singh And ANR. v. The State Of Bihar

2016-08-12Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.9968 of 2016 (7) dt.12-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9968 of 2016 Arising Out of PS.Case No. -312 Year- 2015 Thana -MASAURHI District- PATNA ======================================================

1. Birendra Singh. Son of late Kailash Singh

2. Babli Devi Wife of Birendra Singh Both Residents of VillageBegamchak, P.S Masaurhi District Patna. ... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kishore Kumar Thakur, Adv. For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Masaurhi P.S. Case No. 312 of 2015, pending in the Court of Additional Chief Judicial Magistrate, Masaurhi, disclosing offences under Sections 302 and 328/34 of the Indian Penal Code. The petitioner no. 1 is the son and petitioner no. 2 is the daughter-in-law of the deceased whereas the informant is the daughter of the deceased.

Allegation against the petitioners is of having killed the deceased by administering poison. Pursuant to order of this Court, Viscera report has been submitted, which supports the allegation that the deceased died of poisoning.

Considering the nature of allegation against the

Patna High Court Cr.Misc. No.9968 of 2016 (7) dt.12-08-2016 petitioners and the Viscera report, I am not inclined to grant them privilege of anticipatory bail. The application is, accordingly, rejected.

The petitioners, above named, are directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant anticipatory bail.

(Chakradhari Sharan Singh, J) Prakash/- U T