Nachhatra Mahaldar And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2647 of 2017 (2) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2647 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -RUPAULI District- PURNIA ====================================================== Nachhatra Mahaldar & Anr .... .... Appellants/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellants/s : Mr. Raj Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 The appellants seek regular bail in connection with Special Case No. 33 of 2017, arising out of Rupauli P.S. Case No. 56 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 302, 326 of the Indian Penal Code, and Section 3(i)(iii)(x) of SC/ST (POA) Act.

Prosecution story is that appellants and several others dragged the mother in law of the informant from her house, saying her a dyne and sprinkled kerosene oil on her and set her on fire due to which she died.

It has been submitted on behalf of the appellants that though appellants along with others and several unknown have been named in the F.I.R, however, no specific allegation has been levelled against the appellants. Further appellants have no criminal antecedent and have been in judicial custody for last four and half

Patna High Court CR. APP (SJ) No.2647 of 2017 (2) dt.12-09-2017 months.

Learned Special P.P. opposed the prayer for bail of the appellants.

Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, I am not inclined to release the appellants on bail, at this stage, this application for grant of regular bail is, accordingly, dismissed. However, the appellants may renew their prayer for bail after framing of charge in this case.

(Vinod Kumar Sinha, J) sunil/- U T