Patna High CourtCR. MISC./37176/2014dfd for non appearance

Subhransu Kumar @ Babul Kumar v. The State Of Bihar

2015-04-23Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.37176 of 2014 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37176 of 2014 Arising Out of PS.Case No. -80 Year- 2011 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Subhransu Kumar @ Babul Kumar, son of Sri Prabhakar Choudhary, resident of Village- Bijhrauli, P.S. Tisiauta, District- Vaishali. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.49757 of 2014 Arising Out of PS.Case No. -80 Year- 2011 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================

1. Suresh Prasad Singh son of Late Girija Prasad Singh

2. Raj Mahal Devi wife of Suresh Prasad Singh

3. Anni Sharma daughter of Suresh Prasad Singh All residents of village Bijharauli, P.S. Tisiauta, District Vaishali .... .... Petitioners.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.37176 of 2014) For the Petitioner : Mr. Pranaya Shanker Sinha, Advocate. For the State : Mr. Subhash Chandra Mishra, A.P.P. (In Cr.Misc. No.49757 of 2014) For the Petitioners : Mr. Mukesh Kumar, Advocate. For the State : Mr. Uma Nath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-04-2015 No one appeared on behalf of learned counsel for the petitioner in Cr. Misc. No. 37176 of 2014.

Accordingly, the same is dismissed as non-prosecution. Heard learned counsel for the petitioners in Cr. Misc.No. 49757 of 2014 and learned counsel for the State. The petitioners are apprehending their arrest in connection with Tisiauta Case No. 80 of 2011, registered under Sections 147, 148, 149, 447, 452, 323, 342, 427, 436, 307 and 302

Patna High Court Cr.Misc. No.37176 of 2014 (3) dt.23-04-2015 of the Indian Penal.

There is specific allegation against these petitioners that they came armed with deadly weapons in the house of the informant and damaged the tractor and set on fire the motorcycle. It is further alleged that daughter of Khushboo Kumari, has thrown into fire by which she was done to death.

Learned counsel for the petitioners submits that there is land dispute between the parties.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail is hereby rejected. However, if female member surrender and prays for regular then her prayer for bail shall be considered on its own merit without being prejudice by the order on the same day. m.p.

(Gopal Prasad, J) U T