Patna High CourtCR. MISC./65049/2018dismissed

Nitesh Rai @ Nitesh Yadav And ORS v. The State Of Bihar

2019-02-15Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65049 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- BANIAPUR District- Saran ======================================================

1. Nitesh Rai @ Nitesh Yadav Son of Late Lalan Rai,

2. Punam Devi, Wife of Nitesh Rai @ Nitesh Yadav.

3. Jilebi Devi, Wife of Late Lalan Rai, All are residents of Village- Bedouli, Police Station- Baniapur, District- Saran Chapra.

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code registered in connection with Baniapur P.S. Case No. 139 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely because they happen to be variously related to the husband of the deceased. It is pointed out that the husband of the deceased himself has not been made accused as he is said to be residing outside.

4. Learned APP on the basis of the case diary opposes the anticipatory bail petition submitting that the witnesses have supported the prosecution case.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail before the learned trial Court, the same shall be considered on its own merit

Patna High Court Cr.Misc. No.65049 of 2018(3) dt.15-02-2019 2/2 in accordance with law expeditiously and without being prejudiced by any observation in the present order.

BT/Chandran (Vikash Jain, J) U T