Patna High CourtCR. MISC./76150/2018dismissed

Pooja Devi And ORS v. The State Of Bihar

2019-02-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76150 of 2018 Arising Out of PS. Case No.-223 Year-2018 Thana- DHARHARA District- Munger ======================================================

1. Pooja Devi Wife of Manish Kumar.

2. Manish Kumar @ Manish Kumar Tanti @ Manish Tanti, S/ Suresh Tanti

3. Vijay Kumar, Son of Suresh Tanti All Resident of Village-Amari P.S. Dharhara District Munger. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Arvind Kumar Singh, Advocate For the State :

Mr. Jitendra Kr. Singh, APP For the Informant :

Mr. Kumar Kamal Nayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302, 120(B) and 34 of the Indian Penal Code registered in connection with Dharhara P.S. Case No. 223 of 2018.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion, except which there is no material to connect them with the alleged occurrence. It is submitted that the deceased had committed suicide owing to petty family dispute. Coaccused Suresh Tanti, father-in-law of the deceased, has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.01.2019 passed in Cr. Misc. No. 4134 of 2019.

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition.

5. Having regard to the nature of accusations, gravity of offence alleged and considering that the petitioners are not similarly situated with the co-accused Suresh Tanti, who was not named in the first information report, this Court is not inclined to grant

Patna High Court Cr.Misc. No.76150 of 2018(3) dt.07-02-2019 2/2 anticipatory bail to them. The anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail before the learned trial Court, the same shall be considered on its own merit in accordance with law expeditiously and without being prejudiced by any observation in the present order.

BT/Chandran (Vikash Jain, J) U T