Laljee Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9035 of 2017 Arising out of PS.Case No. -371 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Laljee Rai son of Mangru Rai

2. Santosh Rai son of Mangru Rai

3. Mangru Rai son of Late Ramjeet Rai Resident of Village - Ratanpura, Bintoliya. Police Station Chapra Muffasil, District - Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the State : Mr. Madan Kumar, APP For the Informant : Mr. Varun Kumar, Advocate Mr. Udai Shankar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Chapra Muffasil P.S. Case No. 371 of 2016, registered for offences punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioners are named in the FIR and there is suspicion shown against the petitioners that due to property dispute, they have killed the deceased. Informant is the eye witness of the occurrence and there is strong suspicion against the petitioners.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.9035 of 2017 (3) dt.20-04-2017 except suspicion there is nothing against the petitioners. There is no evidence that any body has seen the deceased along with the petitioners prior to the offence.

It has been submitted on behalf of learned counsel for the informant that there was property dispute between the parties as the deceased had no son and he was ready to give property to his daughter which was not liked by the petitioners and as such they had threatened for dire consequences within 10 days.

Having heard both sides and in view of the facts as stated above, in my opinion, let the petitioners surrender before the learned court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) S.Sb/- U T