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Patna High CourtCR. MISC./24576/2016rejected

Mahavir Ram And ANR v. The State Of Bihar

2016-08-24Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24576 of 2016 Arising Out of PS.Case No. -387 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Mahavir Ram S/o Late Pradeep Ram

2. Rajesh Ram Son of Mahavir Ram Both resident of Vill.- Suhaigarh, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Santosh Kumar, Advocate For the Opposite Party : Ms. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-08-2016 Heard the counsel for the petitioners and Ms. Renu Kumari, APP for the State.

The two petitioners herein are father and brother respectively of the informant and are accuseds of Runnisaidpur P.S. Case No. 387 of 2014 registered under Section 302/34 of the Indian Penal Code for killing of the husband of the informant, who during the relevant time was staying at his sasural. It is submitted that the FIR has been lodged against unknown. On mere suspicion, investigating agency has made the petitioners accuseds and hence the apprehension. From the impugned order, it appears in course of investigation witnesses have named these two petitioners as those who had assaulted the deceased and so the deceased took poison

Patna High Court Cr.Misc. No.24576 of 2016 (5) dt.24-08-2016 2/2 due to shame. Cause of death, for the present, is not known, but the complicity of the petitioners in the alleged crime surfaced in course of investigation.

Considering the above facts as also the seriousness of the charge, I am not persuaded to extend the privilege of anticipatory bail to the petitioners.

The prayer is rejected.

(Kishore Kumar Mandal, J.) ravi/- U T