Ranjeet Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61534 of 2017 Arising Out of PS.Case No. -349 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Ranjeet Sah, Son of Jado Lal Sah

2. Santosh Sah, Son of Jado Lal Sah Both Resident of village- Thahar, P.S.- Runni Saidpur, Dist.- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-12-2017 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case is to the effect that the husband of the informant was sleeping on the roof of the house of Parmeshwar Sah when in the morning he was found killed. Suspicion was raised against the petitioners and others since earlier also petitioner no. 1 Ranjeet Sah had threatened the informant side.

Learned counsel for the petitioners submits

Patna High Court Cr.Misc. No.61534 of 2017 (2) dt.19-12-2017 2/2 that the accusation has been levelled, only on the basis of suspicion. Subsequently, the informant has been examined as P.W. 7 in the trial where she has stated that she does not to know who killed her husband.

Considering the fact that the case was instituted in 2015 and it appears from the materials on record that the trial of other accused is going on, this Court is not inclined to grant anticipatory bail to petitioner no. 1, since he is having criminal antecedent. Accordingly, the prayer for anticipatory bail is rejected.

However, since the trial is going on with regard to others, but from the accusation it appears that petitioner no. 2 is having a case for consideration of prayer for regular bail provided he surrenders before the learned court below within a period of six weeks from today in connection with Runnisaidpur P.S. Case No. 349 of 2015 pending in the court of learned Chief Judicial Magistrate, Sitamarhi. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T