Madhav Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42373 of 2015 Arising Out of PS.Case No. -159 Year- 2007 Thana -LAUKHI District- MADHUBANI ======================================================

1. Madhav Sah Son of Late Banwali Sah, Resident of Village- Murli, P.S. Phulparas, District- Madhubani.

2. Suffi Devi @ Sutti Devi, Wife of Madhav Sah, Resident of VillageMurli, P.S. Phulparas, District- Madhubani.

3. Phulo Devi @ Fulo Devi wife of Bindeshwar Sah, resident of Kachanarwa, P.S. Laukahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Laukahi P.S. Case No.159 of 2007 dated 06.11.2007 registered under sections 302/120-B of the Indian Penal Code. It is contended that the petitioners are not named in the FIR and in course of investigation their names transpired after several years of occurrence.

On the other hand, learned counsel for the State has opposed the prayer for pre-arrest bail. Referring to the impugned order dated 31.07.2015 passed by the learned Sessions Judge,

Patna High Court Cr.Misc. No.42373 of 2015 (2) dt.09-10-2015 2/2 Madhubani, it is submitted that in paragraphs 81, 82, 99, 149 and 180 of the case diary names of the petitioners have been disclosed by the witnesses during investigation.

Be that as it may, regard being had to the serious nature of allegation, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, their prayer for pre-arrest bail is rejected.

(Ashwani Kumar Singh, J) Pradeep/- U T