Prabhu Mahato And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18815 of 2015 Arising out of P.S.Case No. -160 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Prabhu Mahato son of Late Bhola Mahato

2. Madan mahato son of Late Bhola Mahato

3. Most. Jiriya Devi wife of Late Bhola Mahato

4. Urmila Devi wife of Prabhu Mahato

5. Dharmendra alias Dharmendra Mahato, son of Prabhu Mahato,

6. Sikandra Mahto alias Sikandar Mahto, son of Prabhu Mahto, All are of resident of village- Fatahan, Police Station- Gopalganj, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party/s: Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-06-2015 Heard learned counsel for the parties.

The moment this Court would find that the trial of the petitioners had to be segregated and they were absconding the acquittal earned by their son (the husband of the deceased) in the segregated trial for offence under Section 304B of the Indian Penal Code will not make the petitioners entitled for privilege of grant of anticipatory bail. The prayer for anticipatory bail of the petitioners is accordingly rejected.

The petitioners must surrender and make prayer for regular bail which of course shall be decided on its own merits without being prejudiced by any thing said in this order. (Mihir Kumar Jha, J) Sujit/- U