Bikarma Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8809 of 2017 Arising Out of PS.Case No. -78 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bikarma Pandey Son of Late Amla Pandey

2. Smt. Radhika Devi @ Radhika Pandey Wife of Bikrama Pandey

3. Ranjan Pandey @ Rajan Kumar Pandey Son of Bikrama Pandey All are residents of Village - Sonwal, P.S. - Paharpur, District - East Champaran, Motihari.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-04-2017 Heard Mr. Yogesh Chandra Verma, learned Sr. Counsel for the petitioner and the APP for the State. This is repeat application filed on behalf of the family members of the deceased who are facing prosecution under sections 304-B/120-B IPC. Earlier, they had prayed for anticipatory bail in Cr. Misc. No. 56573 of 2016 which was considered and rejected on 19.01.2016.

It is stated that the husband of the deceased has surrendered and granted regular bail on 14.09.2016. One of the petitioner namely Smt. Radhika Devi is an old lady. Learned counsel for the State opposed the prayer and

Patna High Court Cr.Misc. No.8809 of 2017 (2) dt.19-04-2017 2/2 submitted that after rejection of the prayer for anticipatory bail, the petitioners ought to have surrendered before the court below which they have not done.

Considering the nature of the allegation, I am not satisfied that a case for grant of anticipatory bail is made out. The prayer is rejected.

The petitioners shall now appear in the court below and pray for regular bail placing all the relevant facts thereat. (Kishore Kumar Mandal, J) HR/- U T