Renu Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30414 of 2018 Arising Out of PS.Case No. -50 Year- 2016 Thana -AKBARPUR District- NAWADA ======================================================

1. Renu Devi, W/o Sri Kant Pandey,

2. Sri Kant Pandey S/o Braj Nandan Pandey,

3. Sintu Pandey S/o Srikant Pandey,

4. Jitendra Pandey S/o Sri Kant Pandey,

5. Chanda Devi W/o Sintu Pandey, All R/o Vill.- Patori, P.S.- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2018 Heard the parties.

The petitioners re apprehending their arrest in connection with Akbarpur P.S.Case no.50 of 2016 registered for offences punishable under Sections 147, 341, 323, 328, 302, 201 of the Indian Penal Code.

Allegation against the petitioners, who happen to be father, mother, brother and Bhabhi of the deceased, is that they have administered poison to the deceased and when he was taken for treatment on way she died and the dead body was cremated by the villagers.

Submission of the learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.30414 of 2018 (5) dt.11-09-2018 2/2 they are father, mother, brother and Bhabhi of the deceased and it can not be said that they have administered poison rather the informant is the second wife of the deceased and she was used to quarrel with the deceased and due to that he has committed suicide.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that the evidence of the informant and other witnesses have also supported the prosecution case and the dead body was disposed of forcibly.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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