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Patna High CourtCR. MISC./18002/2017dismissed

Prawej Yadav And ANR v. The State Of Bihar

2017-05-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18002 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -AMAUR District- PURNIA ======================================================

1. Prawej Yadav, Son of Late Baidyanath Yadav.

2. Doman Yadav, @ Domar Yadav, Son of late Baidyanath Yadav, both resident of Village- Machchath, P.S. Amour, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 The petitioners are apprehending their arrest in connection with Amour P.S. Case No. 83 of 2016, registered for offences punishable under Sections 302/34 Indian Penal Code. It has been submitted on behalf of the petitioners that though petitioners are named in the F.I.R. but their names transpired in this case only on the basis of suspicion as the dead body of the deceased was found in his sasural. Further even according to F.I.R it appears that wife of the deceased has relationship with some other person for which the deceased used to protest and further post-mortem report does not suggest any definite opinion about cause of death and, therefore, the Viscera of the deceased was sent to forensic laboratory for examination and according to learned counsel for the petitioners viscera report has

Patna High Court Cr.Misc. No.18002 of 2017 (2) dt.04-05-2017 2/2 been received and that shows that the deceased had consumed celphos.

Learned counsel for the State opposed the prayer for bail and submitted that there was some injuries on the person of the deceased, which will appear from perusal of post-mortem report itself.

Having heard both sides, considering the facts and circumstances of the case, nature of allegations, I am not inclined to grant the petitioners the privilege of anticipatory bail. Let petitioners surrender before the court below and make prayer for regular bail, which will be considered by the court below on the merit of the case without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T