Savitri Devi @ Savitrai Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21509 of 2019 Arising Out of PS. Case No.-362 Year-2016 Thana- BELHAR District- Banka ====================================================== 1.
Savitri Devi @ Savitrai Devi, Wife of Nandlal Pandit, 2.
Nandlal Pandit, Son of Bhuneshwar Pandit, Both resident of Village- Tengra, P.S.- Belhar, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmi Kant Sharma, Advoate For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in Belhar P.S. Case No. 362 of 2016 registered for the offences punishable under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code.
It appears that initially the case was registered under Section 341, 323, 504/34 of the Indian Penal Code and the petitioners were allowed bail by the learned court below on 02.02.2017 and 07.02.2017 respectively. However the police submitted charge-sheet under Section 307 of the Indian Penal Code. Hence, the petitioners apprehend their arrest in the event of surrender.
Patna High Court CR. MISC. No.21509 of 2019(2) dt.05-04-2019 2/2 If the petitioners are already on bail in this case and they have not misused the privilege of bail, there is no question to apprehend only for submission of charge-sheet under Section 307 of the Indian Penal Code.
The court below shall consider the prayer of the petitioners in the event of surrender in the light of the judgment of this Court in the case of Mahendra Prasad Singh vs. The State of Bihar reported in 2004 (3) PLJR 491.
Accordingly, this application stands disposed of. (Birendra Kumar, J) Banti/Rajan U T