Satya Narayan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44619 of 2015 Arising Out of PS.Case No. -34 Year- 2013 Thana -KHIRHAR District- MADHUBANI ======================================================
1. Satya Narayan Sah Son of Bache Lal Sah
2. Babu Saheb @ Basu Sah @ Basudeo Sah Son of Late Hirdai Sah Both resident of Village - Bisar, P.S. - Khirhar, District - Madhubani. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. A.Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Khirhar P. S. Case No. 34 of 2013 registered under Sections 302/201 of the Indian Penal Code.
According to the prosecution case, a dead body of an unknown lady aged about 50-55 years, was found floating in the Thumhan river by Chaukidar Rudal Paswan on 25.07.2013. The Chaukidar has stated that it appears that some unknown person had killed the lady and in order to conceal the crime, threw the body in the river. On the basis of fardbeyan of the Chaukidar, the aforesaid case was registered against unknown persons.
Patna High Court Cr.Misc. No.44619 of 2015 (2) dt.14-10-2015 2/2 It is contended that the petitioners are neither named in the FIR nor any incriminating article has been recovered from their possession.
It would appear from perusal of the impugned order that in course of investigation, several witnesses have stated about involvement of the petitioners in alleged offence. Regard being had to the serious nature of the offence and the fact that the matter is still under investigation in which the complicity of the petitioner has been found by the police during investigation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the application is rejected. (Ashwani Kumar Singh, J.) Kanchan/- U T