Rupesh Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.41075 of 2016 (02) dt.21-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41075 of 2016 Arising Out of PS.Case No. -4 Year- 2014 Thana -SHANKARPUR District- MADHEPURA ======================================================

1. Rupesh Kumar Son of Arvind Kumar Nirala Resident of Village+P.O.- Kolhua, P.S.- Shankarpur, District- Madhepura.

2. Renu Kumari Daughter of Tapeshwari Prasad Yadav resident of VillageBarhari, P.O.- Kamargama, P.S.- Singheshwar, District- Madhepura.

3. Meena Devi @ Meera Devi wife of Arvind Kumar Nirala, D/o Chandeshwari Yadav Resident of Village+P.O.- Kolhua, P.S.- Shankarpur, District- Madhepura.

4. Mamta Kumari wife of Deep Narayan Yadav Resident of Village+P.O.- Kolhua, P.S.- Shankarpur, District- Madhepura.

5. Raj Kumar Son of Laxm Prasad Yadav At+P.O.- Kolhua, P.S.- Shankarpur, District- Madhepura.

6. Rani Kumari D/o Laxmi Prasad Yadav, wife of Sachin Kumar Maheshpur Sima, P.O.- Sahugarh, P.S. & District- Madhepura.

7. Sanjay Kumar Son of Deep Narayan Yadav Resident of at +P.O.- Kolhua, P.S.- Shankarpur, District- Madhepura.

8. Shyamanand Kumar Son of Yogendra Prasad Yadav Resident of at +P.O.- Kolhua, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma -Advocate For the Opposite Party/s : Mr. Sri Anil Kumar-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Petitioners' prayer for anticipatory bail at an earlier occasion was considered and adjudicated upon as dismissed as withdrawn. In the changed scenario whereunder some of the accused have availed an order of anticipatory bail in their favour vide Cr. Misc. No.12583 of 2016 (Annexure-3) while some were

Patna High Court Cr.Misc. No.41075 of 2016 (02) dt.21-09-2016 directed to surrender before the learned lower Court and during course of consideration, the learned lower Court was directed to consider favourably under Cr. Misc. No.33625 of 2016 (Annexure-4), bolster moral of petitioner whereupon re-agitated his plea for grant of an anticipatory bail.

Considering the nature of the order as referred above, petitioner is also directed to surrender before the learned lower Court with a prayer of bail, which the learned lower Court will consider in light of observation having been given under Cr. Misc. No.33625 of 2016 and accordingly, instant petition is disposed of in terms thereof.

(Aditya Kumar Trivedi, J) Vikash/- U T