Sonu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53135 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Sonu Kumar, son of Santosh Yadav

2. Pramila Devi @ Pravila Devi, Wife of Santosh Yadav Both Resident of Village- Govindpur, P.S.- Bind, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Rajkishore Singh, APP172 For the Informant : Mr. Deepak Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Bind P.S. Case No. 96 of 2016 for offences under Sections 304(B) and 201/34 of the Indian Penal Code.

It has been submitted by the learned counsel for the petitioners that there is general and omnibus allegation against the petitioners and the petitioners are Dewar and mother-in-law respectively of the Informant. There is no specific allegation against them. During course of investigation, some witnesses have not supported the prosecution version of the case. However,

Patna High Court Cr.Misc. No.53135 of 2016 (4) dt.02-02-2017 learned counsel for the State and the Informant submits that there are materials in the Case Diary which clearly shows that the deceased was set on fire and, thereafter, the dead body was disposed of without informing the family members of the Informant.

Having heard both sides, I am not inclined to grant anticipatory bail to the petitioners. However, if the petitioners surrender themselves before the court below and make a prayer for bail, the same will be considered by the court below on its own merit considering the specific allegations against each of the petitioners.

With the aforesaid observation, this application stands dismissed.

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