Masomat Rambati Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.55041 of 2015 (5) dt.02-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55041 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -SRI NAGAR District- MADHEPURA ======================================================
1. Masomat Rambati Devi Wife of Late Nityanand Mandal R/o village - Rangpatti, Mangarwara, P.S. Srinagar, District - Madhepura
2. Pinki Devi Wife of Deo Narayan Mandal R/o village - Chakmaka, P.S. Jankinagar, District - Purnea
3. Ajay Kumar Son of Kapileshwar Kamait R/o Village - Sukhsena Arraha Tola, P.S. Barhara Kothi, District - Purnea .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party : Mr. S.N.Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Srinagar P.S. Case No. 35 of 2015 pending in the Court of CJM, Madhepura for the offences instituted under Sections 302/34 of the Indian Penal Code.
As per the prosecution case, it is a case of murder of informant's father by the accused persons.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. Both the parties are
Patna High Court Cr.Misc. No.55041 of 2015 (5) dt.02-03-2016 neighbours. There is no eye witness to the alleged occurrence. No specific injury has been attributed against the petitioners. On behalf of the State, it has been submitted that the petitioners are named in the FIR and they have seen fleeing away from the place of occurrence.
Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioners on anticipatory bail, the same is rejected.
Anyhow, if the petitioners surrender in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this and taking into account that some of the petitioners are ladies. (Sudhir Singh, J) B.Kr./- U T