Reena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35686 of 2019 Arising Out of PS. Case No.-57 Year-2015 Thana- ANGARGHAT District- Samastipur ====================================================== 1.
REENA DEVI W/o Birju Sahani Resident of Village- Dadhiya Asadhar, Police Station- Angarghat, District- Samastipur. 2.
Anita Devi W/o Anil Sahani Resident of Village- Dadhiya Asadhar, Police Station- Angarghat, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Angarghat P.S.Case No.57 of 2015 registered for offences punishable under Sections 302/34 of the Indian Penal Code.
Allegation against the petitioners is of causing death of Gotani.
Submission of the learned counsel for the petitioners is that only on suspicion they have been named and the FIR discloses that the cause of death has not been ascertained . Heard learned A.P.P. , who has opposed the prayer for bail on the ground that already the process under Sections 82 and 83
Patna High Court CR. MISC. No.35686 of 2019(6) dt.06-09-2019 2/2 of the Cr.P.C. has been exhausted and as such the petitioner is not entitled for anticipatory bail..
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, if the petitioners surrender before the learned court below and make prayer for regular bail, the learned court below shall consider the aforesaid aspect of the matter and considering the postmortem report and the viscera report will pass an appropriate order.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T