Ram Ishwar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28851 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Ram Ishwar Rai son of Jugeshwar Rai

2. Arun Kumar Rai @ Arun Kumar son of Ram Ishwar Rai Both are residents of village- Faijullahpur, P.S.- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners seek pre-arrest bail in connection with Baikunthpur P.S. Case No. 30 of 2016 registered under Section 304B/34 of the Indian Penal Code.

Regard being had to the nature of allegation coupled with the fact that the doctor who conducted the postmortem examination has opined that the victim died due to asphyxia caused by strangulation, I am not inclined to grant pre-arrest bail to the petitioners.

Accordingly, the application preferred under Section 438 of the Code of Criminal Procedure is rejected. (Ashwani Kumar Singh, J) Md.S./- U T