Patna High CourtCR. MISC./4740/2016rejected

Rampukar Thakur And ANR v. The State Of Bihar

2016-02-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4740 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rampukar Thakur

2. Nandu Thakur both are Son's of Late Raja Thakur resident of village - Bhawnari P.S. Adapur, District - East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Md. Ashlam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Adapur P.S.Case No. 165/2015, disclosing offences under sections 302/ 201/34 of the Indian penal Code.

Learned counsel for the petitioners submits that similarly situated co-accused Rupkali Devi has been granted regular bail by this Court by an order dated 11.1.2016 in Cr.Misc.No. 811/2016. He submits that there is no direct material to connect the present petitioners with the offence alleged.

However, considering the Supreme Court decision in the case of Jai Prakash Singh v. the State of Bihar & Anr., reported in

Patna High Court Cr.Misc. No.4740 of 2016 (3) dt.26-02-2016 (2012)4 SCC 379, since the offence alleged is under section 302 I.P.C., I am not inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, rejected.

The points taken on behalf of the petitioners in the present application can be raised on their behalf before the court below for the purpose of seeking regular bail. The petitioners are, accordingly, directed to surrender before the court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) Surendra/- U