Jamuna Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15930 of 2016 Arising Out of PS.Case No. -216 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Jamuna Rai S/o Late Akalu Rai

2. Dhanji Rai S/o Jamuna Rai R/o Suraudha, P.S.- Koilwar, DistrictBhojpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 364/34 of the Indian Penal Code. Prosecution case is that brother of the informant used to live with the accused persons and one day he went somewhere along with the accused persons and from then he was found missing. It is suspected that he was done to death. It is submitted on behalf of the petitioners that they have got no criminal antecedent. They have falsely been implicated in the present case. The allegation made in the F.I.R. has been denied. There is no eye witness to the alleged occurrence nor there is any other circumstantial evidence to suggest implication of the petitioners in the present case.

On behalf of the State, it is submitted that petitioners are named in the F.I.R. and the victim is still traceless. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners, same is rejected.

Any how, if petitioners surrender in the court below, i.e.,

Patna High Court Cr.Misc. No.15930 of 2016 (2) dt.16-05-2016 2/2 learned C.J.M., Ara, in connection with Koilawar P. S. Case no. 216 of 2015 within a period of six weeks from the date of receipt of a copy of this order and pray for regular bail, same shall be considered and disposed of on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T