Ghyani Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13151 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ======================================================

1. Ghyani Bhagat, son of Khubi Bhagat @ Khobhi Bhagat.

2. Shoukhi Bhagat, son of Khubi Bhagat @ Khobhi Bhagat.

3. Tullak Bhagat, son of Khubi Bhagat @ Khobhi Bhagat.

4. Jaimanti Devi @ Dhanwanti Devi, wife of Sri Tullak Bhagat. All are Resident of Village- Pathua, P.S. Pipariya, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Pipariya P.S.Case No.25 of 2017 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code. Petitioners are not named in the FIR and allegation as per FIR is that son of the informant was kidnapped and was killed and the same also shows that the petitioners had taken loan earlier and he was also further demanding the loan amount. The boy was aged about seven years.

Submission of the learned counsel for the petitioners is that they have been made accused only on the basis of suspicion and there is nothing against them.

Patna High Court Cr.Misc. No.13151 of 2018 (2) dt.04-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, and in view of heinous nature of offence as well as there was suspicion also, which appears from the paragraphs of the case diary as mentioned in the impugned order, this is not a case of grant of anticipatory bail rather let the petitioner surrender and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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