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Patna High CourtCR. MISC./50835/2015rejected

Mukesh Thakur And ANR v. The State Of Bihar

2015-12-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50835 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Mukesh Thakur, son of Sri Ram Ekbal Thakur.

2. Sakunti Devi, wife of Sri Ram Ekbal Thakur. Both are Resident of village Gopalpur, P.S. Vaishali District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------- 07-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Vaishali P.S. Case No.95 of 2015 registered under Sections 302/34 of the Indian Penal Code besides Sections 3(ii)(v) of the SC/ST Act, pending in the court of the Chief Judicial Magistrate, Vaishali at Hajipur.

The allegation in the F.I.R. is that when the father of the informant was at his Bathan, all the accused persons, namely, Ram Ekbal Thakur, Sakunti Thakur and Mukesh Thakur came there and abused his father denoting his caste's name. When the father of the informant made protest, they started assaulting him. In that

Patna High Court Cr.Misc. No.50835 of 2015 (3) dt.07-12-2015 2/2 course, the co-accused, Ram Ekbal Thakur, brought a knife from his house and gave on the chest of the father of the informant as a result of which his father became seriously injured and, later on, died.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court on its own merit without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T