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Patna High CourtCR. MISC./5318/2016rejected

Ramayan Patel And ORS v. The State Of Bihar

2016-02-12Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5318 of 2016 Arising Out of PS.Case No. -148 Year- 2015 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramayan Patel son of Late Mahadeo Patel

2. Lalaita Devi wife of Ramayan Patel

3. Banka Patel son of Ramayan Patel, all residents of Village - Mahesara, Malahi Tola, P.S. - Gopalpur, District - West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Keshav Pandey, Advocate Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s : Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard the parties.

The petitioners apprehend their arrest in a criminal prosecution registered under Sections 302, 201 and 120B of the Indian Penal Code.

Taking into consideration the fact that the petitioners are father-in-law, mother-in-law and brother-in-law of the deceased, who are alleged to have committed the offence of murder of their own family member by administering poison and further taking into consideration the fact that all are specifically named in the first information report, vide Annexure-1, with specific allegations of their participation in the commission of crime in question, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. Accordingly, their prayer for grant of anticipatory bail in connection with Gopalpur P.S.Case No. 148 of 2015 pending in the court of the learned Judicial Magistrate, Ist Class, Bettiah, West Champaran is rejected.

Patna High Court Cr.Misc. No.5318 of 2016 (2) dt.12-02-2016 2/2 However, if the petitioners surrender in the court below within a period of four weeks from today and apply for regular bail, then the same shall be considered on its own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Tahir/- U T