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Patna High CourtCR. MISC./41657/2014dismissed

Ranjit Kumar And ANR v. The State Of Bihar

2015-05-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41657 of 2014 Arising Out of PS.Case No. -108 Year- 2014 Thana -GIRIYAK DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Ranjit Kumar Son of Arvind Kumar

2. Manjit Kumar Son of Arvind Kumar Both Resident of Village - Choursua, P.S.- Giriyak, District -Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Jain, Adv. For the Opposite Party/s : Mr. Pradip Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioners apprehend their arrest in Giriyak P.S. Case no. 108/14, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 Arms Act. The informant alleged that the petitioners along with his father Arvind Kumar @ Mathura Prasad went to the shop of the deceased (mother of the informant) having armed with country made pistol and shot his mother.

It is submitted that there is no allegation of firing against the petitioners. Petitioners were not present at the place of occurrence. They had gone for negotiation of marriage. Having considered the facts that the petitioners are

Patna High Court Cr.Misc. No.41657 of 2014 (4) dt.14-05-2015 2/2 alleged to have accompanied his father having armed with pistol in the shop of the deceased and thereafter the father of the petitioners opened firing causing death to the mother of the informant, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T