Bina Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38981 of 2015 Arising Out of PS.Case No. -144 Year- 2008 Thana -AMARPUR District- BANKA ======================================================

1. Bina Singh S/o Late Tarni Singh

2. Pravej Kumar @ Pravesh Singh

3. Ashish Kumar

4. Sintu Kumar All S/o Bina Singh

5. Nipsa Kumar S/o Musu Singh' All of Village Nareun, P.S. Sambhuganj, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 147, 148, 448, 302 of the Indian Penal Code.

Nanhki Devi, wife of deceased Girish Manjhi named the petitioners along with Manoj Azad and made specific allegation of firing specially against Manoj Azad and thereafter petitioners also fired causing different fire arm injuries on the body of her husband.

Learned counsel for the petitioners submits that the police after investigation submitted final form finding that the

Patna High Court Cr.Misc. No.38981 of 2015 (3) dt.06-11-2015 petitioners were implicated in the case on account of previous enmity but the learned Magistrate took cognizance of the offences against the petitioners.

On perusal of the record, it appears that the informant and other witnesses have very categorically stated that the petitioners made indiscriminate firing causing death of husband of the informant on the spot and six injuries were found on different parts of body of the deceased.

Considering the facts aforesaid, I am not inclined to grant privilege of anticipatory bail to the petitioners in connection with Amarpur (Fullidumar) P.S. Case No. 144 of 2008 pending in the court of the learned Chief Judicial Magistrate, Banka. Their prayer for anticipatory bail is, accordingly, rejected. (Prabhat Kumar Jha, J) Amin/- U