Patna High CourtCR. MISC./28240/2017dismissed

Dayanand Rai And ANR v. The State Of Bihar

2017-07-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28240 of 2017 Arising Out of PS.Case No. -278 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Dayanand Rai, Son of Maheshwar Rai,

2. Devanand Rai, Son of Maheshwar Rai, Resident of Village- Daxini Dhamoun, Police Station- Patory, District- Samastipur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Patory P.S. Case No. 278 of 2016 for the offences instituted under Sections 326, 307, 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added.

It is alleged that on the instigation of petitioner no.2, the petitioner no.1 is said to have set the body of the deceased on fire after pouring kerosene oil.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.28240 of 2017 (2) dt.06-07-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioners are brother-in-law of the deceased. They are separate in mess and property from the husband of the deceased.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R. The F.I.R. is dying declaration of the deceased. She has made a specific allegation against the petitioners.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners. The same is rejected in connection with Patory P.S. Case No. 278 of 2016, pending in the court of learned C.J.M., Samastipur.

Anyhow if the petitioners surrender in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Amit/- U T