Patna High CourtCR. MISC./16351/2017disposed

Chandan Rishideo And ANR v. The State Of Bihar

2017-04-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16351 of 2017 Arising Out of PS.Case No. -581 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Chandan Rishideo, Son of Late Bindeshwari Risideo,

2. Jay Prakash Rishideo, Son of Late Bindeshwari Risideo Both residents of village - Mirzapur, P.s. - Simraha, Dist. Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 The petitioners are apprehending their arrest in connection with Forbesganj (Simraha) P.S. Case No. 581 of 2016, registered for offences punishable under Sections 452, 341, 323, 327, 436, 504, 324 and 34 Indian Penal Code.

It has been submitted on behalf of the petitioners that allegation against them that they set on fire the house of the informant due to which her son sustained burn injuries around his eyes, however, all the allegations levelled against these petitioners and even if prosecution case is assumed to be true, mere perusal of the F.I.R. would show that on the date of occurrence, other coaccused, namely, Buchai Rishideo, has forcibly entered into the said house and was living with his family.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is

Patna High Court Cr.Misc. No.16351 of 2017 (2) dt.08-04-2017 2/2 allegation against these petitioners of setting on fire informant's house and due to which son of the informant sustained burn injuries, as such, in my opinion, this is not a fit case for grant of anticipatory bail, it is accordingly rejected. Let petitioners surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U