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Patna High CourtCR. MISC./47670/2018rejected

Md. Sarfuddin And ANR v. The State Of Bihar

2018-09-14Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47670 of 2018 Arising Out of PS. Case No.-290 Year-2016 Thana- KUDRA District- Bhabhua (Kaimur) ======================================================

1. Md. Sarfuddin, S/o Md. Basir Miya,

2. Mikki, S/o Md. Samsuddin Miya, All resident of VillageMahabir Sthan Kudra P.S.- Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehends their arrest in connection with Kudra P.S. Case No. 290 of 2016 registered for the offence punishable under Sections 323, 326, 307/34 of the Indian Penal Code and later on Section 302 of the IPC was also added.

Allegation against the petitioners is of committing murder of the Informant by sprinkling kerosene oil on her body. It has been submitted on behalf of the petitioners that they are own uncle and cousin brother of the Informant. It has been further submitted that the informant died in an accidental fire while preparing meal. Petitioners have got no criminal

Patna High Court Cr.Misc. No.47670 of 2018(3) dt.14-09-2018 2/2 antecedent.

Considering the direct allegation against the petitioners made by deceased informant, I am not inclined to grant the privilege of anticipatory bail to the petitioners. Hence, the prayer for anticipatory bail of the petitioners is hereby rejected.

However, it is observed that if the petitioners surrender before the court below and prays for regular bail then their bail application will be considered on the same day, without being prejudiced by anything said in this order. (S. Kumar, J) ranjan/- U