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Patna High CourtCR. MISC./11906/2015rejected

Biren Sah @ Birendra Sah And ANR v. The State Of Bihar

2015-03-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11906 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -PIPRA District- SUPAUL ======================================================

1. Biren Sah @ Birendra Sah S/o- Late Guneshwar Sah

2. Shashi Devi @ Shashikala Devi, w/o Biren Sah @ Birendra Sah Both are Resident of Village- Kataiya Gott, P.S.- Pipra, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Pipra Police Station Case No. 148 of 2014 registered for the offences punishable under Sections 341, 323, 448, 326A, 326B/34 of the Indian Penal Code.

There is specific allegation against the petitioner no. 2 that she threw acid upon the informant's daughter and so far as petitioner no. 1 is concerned, it is stated that he also participated in the alleged crime.

The contention on behalf of the petitioners is that it was informant's daughter, who threw acid on petitioner no. 2 for

Patna High Court Cr.Misc. No.11906 of 2015 (2) dt.26-03-2015 2/2 which petitioner no. 1 lodged Pipra P.S.Case No. 149 of 2014. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to grant privilege of anticipatory bail, accordingly, their prayer for anticipatory bail in connection with Pipra Police Station Case No. 148 of 2014, pending in the court of Sri Sanjeev Kumar Judicial Magistrate 1st class, Supaul stands rejected. However, the regular bail shall be considered by the concerned court on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) Namita/- U T