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Patna High CourtCR. MISC./55116/2016dismissed

Sushil Kumar Singh And ORS v. The State Of Bihar

2017-01-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55116 of 2016 Arising Out of PS.Case No. -462 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Sushil Kumar Singh,

2. Sunil Kumar Singh,

3. Raja Singh, All sons of Chandrama Singh,

4. Chandrama Singh, Son of Late Prasuram Singh, All resident of VillageJigani, P.S.- Bhabhua, District- Kaimur at Bhabhua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Nath Choubey For the Opposite Party/s : Mr. Sri Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 364 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that though allegation is made against the petitioners under Section 364 and other Sections of the Indian Penal Code, but as a matter of fact, Petitioner No. 1 is the husband and it is submitted that Petitioner No. 4 is aged about more than 70 years and all the petitioners have falsely been implicated in this case as the daughter of the informant is indulged with some other person.

Patna High Court Cr.Misc. No.55116 of 2016 (2) dt.13-01-2017 2/2 Heard learned Additional Public Prosecutor also. From perusal of the impugned order itself, it appears that there is sufficient material against the accused persons. In view of the aforesaid facts, it is not a fit case for grant of anticipatory bail in connection with Mohania P.S. Case No. 462/2016. Accordingly, the same is rejected with the condition that if the petitioners surrender before the court below and pray for regular bail, their prayer shall be considered on its own merit without being prejudiced by this order. With the aforesaid observation this case is dismissed. (Vinod Kumar Sinha, J.) Rakhi U T