← Library
Patna High CourtCR. MISC./34873/2014dismissed

Amerika Agriya And ORS v. The State Of Bihar

2015-03-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34873 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -ADHAURA District- BHABHUA (KAIMUR) ======================================================

1. Amerika Agriya Son of Shio Murat Agriya Resident of Village-Bahera, P.S.-Adhaura, District-Kaimur at Bhabhua.

2. Phulchand Agriya Son of Sugar Agriya

3. Gorakh Agriya Son of Parikha Agriya.

4. Ram Nath Agriya Son of Parikha Agriya

5. Sheo Murat Agriya Son of Kail Agriya All resident of village-Chafana, P.S.-Adhaura, District-Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2015 Heard both sides.

The petitioners apprehend their arrest in Adhaura P.S. Case No. 21 of 2014 registered under section 307 and other allied sections of the Indian Penal Code. The wife of Sikandar Agariya alleged that she was tied and brutally assaulted by the petitioners along with her husband. Fire was also kept in front of the informant. The accused persons were making allegation that the informant developed illicit relation with some one else. Learned counsel for the petitioners submits that the petitioners are villagers and not at all related with the

Patna High Court Cr.Misc. No.34873 of 2014 (2) dt.12-03-2015 2/2 informant and her husband. The date of occurrence is 19.05.2014 but the first information report was lodged on 16.06.2014 after about a month. On perusal of record it appears that it is a rare case in which the informant herself alleged that how brutally she was tied upside down and brutally assaulted by her husband and the petitioners. In front of her fire was also kept making allegation that she had developed illicit relation with some one else.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on anticipatory bail. The same is rejected. Petitioners if so advised may surrender and seek regular bail.

(Prabhat Kumar Jha, J) M.Rahman/- U T