Prabhu Prasad Kuswaha @ Prabhu Nath Prasad And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51070 of 2018 Arising Out of PS.Case No. -117 Year- 2018 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================
1. Prabhu Prasad Kuswaha @ Prabhu Nath Prasad, Son of Late Ambika Prasad,
2. Ramkali Devi, Wife of Prabhu Prasad Kuswaha @ Prabhu Nath Prasad,
3. Manish Kumar, Son of Prabhu Prasad Kuswaha @ Prabhu Nath Prasad, All Residents of Village- Revtith, P.S.- Baikunthpur, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Baikunthpur P.S.Case No.117 of 2018 registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioners is that petitioner no.1 caught hold the deceased, petitioner no.2 sprinkled K-oil and the petitioner no.3 set the deceased on fire and thereafter the police had taken him to the hospital.
Submission of the learned counsel for the petitioner is that in spite of the fact that the police came at the place of occurrence and taken the deceased but her statement was not recorded immediately and it was recorded after 06 days of lodging the FIR.
Patna High Court Cr.Misc. No.51070 of 2018 (2) dt.05-09-2018 2/2 As a matter of fact due to land dispute, the deceased has committed suicide.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that there is specific allegation against the petitioners and the deceased before her death had disclosed their names. . Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit .
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T