Ranjan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74564 of 2018 Arising Out of PS. Case No.-266 Year-2018 Thana- ATRI District- Gaya ====================================================== 1.

Ranjan Kumar, son of Ramnandan Paswan @ Ramanand Paswan 2.

Rakhi Devi, wife of Sanjeet Kumar, Both Resident of Village- Narawat, Police Station- Atri, District- Gaya.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Tapeshwar Sharma For the Informant : Mr. Bindhyachal Singh with Mr. Shailesh Kr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Atri P.S. Case No. 266 of 2018, registered for the offences punishable under Sections 304/34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is that by trapping the informant on the plea that they will call a Doctor from outside, they have operated the wife of the informant and due to that she died at the spot itself. Submission of learned counsel for the petitioners is that the main allegation is against Sanjeet Kumar and allegation against the petitioner is that they only assisted Sanjeet Kumar and there is no other allegation against them and learned counsel has drawn my attention towards paragraphs 14 and 15 of the

Patna High Court CR. MISC. No.74564 of 2018(6) dt.24-04-2019 2/2 case diary which disclosed that petitioner No.2 is not a Nurse, rather she is Mukhiya of Narawat Panchayat.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that the materials collected during investigation show the hands of the petitioners also in trapping the informant and forcing him to get her operated and due to that his wife has died and the witnesses have also supported that fact. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant the privilege of anticipatory bail to the petitioners. However, if the petitioners surrender and make prayer for regular bail, the same shall be considered on the basis of materials available on the record and, if possible, to be disposed of on the same day. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U