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Patna High CourtCR. MISC./52986/2015disposed

Vikash Pandey @ Bikash Kumar Pandey And ANR v. The State Of Bihar

2015-12-17Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52986 of 2015 Arising Out of PS.Case No. -204 Year- 2015 Thana -DUMRAUN District- BUXAR ======================================================

1. Vikash Pandey @ Bikash Kumar Pandey Son of Mukteshwar Pandey,

2. Dappi Mishra @ Pappu Mishra @ Pappu Kumar Mishra, Son of Late Uma Shankar Mishra, Both Residents of Village - Akauni, P.S. - Dumraon, District - Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, App ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-12-2015 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioners apprehend their arrest in connection with Dumraon P.S. Case No.204 of 2015 for the offences punishable under Sections 302/34 of Indian Penal Code.

The allegation against these petitioners who happen to be the cousin brothers of the informant as reflecting from the F.I.R. is that following dispute with the informant that they assaulted his wife and set her on fire. The deceased was 8 months pregnant and during the course of treatment she died.

Mr. Mishra learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.52986 of 2015 (2) dt.17-12-2015 2/2 that the incident is dated 18.6.2015 and has been reported after four days on 22.6.2015. He further with reference to the allegation submits that the informant has instituted the case on the statement of his wife who has since deceased. The informant has appeared through counsel and submitted that although before the statement of the victim could be recorded she died but there are recordings of her statement confirming the role of these petitioners. Be that as it may, considering the nature of allegations, I am not persuaded to allow the prayer of anticipatory bail of these petitioners. This application is disposed of. The petitioners are directed to surrender and pray for regular bail which shall be considered and disposed of on its own merits. (Jyoti Saran, J) Bibhash/- U T