Umesh Das And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.42916 of 2014 (3) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42916 of 2014 Arising Out of PS.Case No. -122 Year- 2014 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. UMESH DAS SON OF LATE BINDA DAS.

2. SHANKAR DAS SON OF LATE BAL GOVIND DAS.

3. RAJESH SHAHNI SON OF MANGARU SAHNI.

4. DAWAN SHAHNI SON OF LATE TUFANI.

5. SACHIN SAHNI @ SUCHIT SLHANI SON OF DAWN SAHNI. ALL ARE RESIDENT OF JAGARNTHPUR,P.S.-MAHNAR, DISTRICT- VAISHALI.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv.

For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Petitioner's presence could not be secured and on account thereof, processes under Section 82, 83 Cr.P.C. have already been executed. That being so, in light of decision report in (2014) 2 SCC 171 instant petition is found non-maintainable and is accordingly rejected.

However, the allegation as has been perceived after going through the case diary happens to be regarding disposal of the dead body, coming within the purview of Section 201 IPC a bailable one.

(Aditya Kumar Trivedi, J.) PN/- U T