Teras Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62366 of 2019 Arising Out of PS. Case No.-284 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

TERAS MUKHIYA Son of Late Nandu Mukhiya Resident of Village - Bathna, P.O. and P.S.- Banjaria, Distt - East Champaran, 2.

Suganti Devi Wife of Teras Mukhiya Resident of Village - Bathna, P.O. and P.S.- Banjaria, Distt - East Champaran, 3.

Mohan Mukhiya @ Mohan Kumar Son of Teras Mukhiya Resident of Village - Bathna, P.O. and P.S.- Banjaria, Distt - East Champaran, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Turkauliya (Banjaria) P.S. Case No. 284 of 2019 registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

As per allegation made in the F.I.R., all the three petitioners are alleged to have sprinkled kerosene oil on Wajeer Mukiya and set him on fire leading to his death. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.62366 of 2019(3) dt.20-11-2019 2/2 that allegations against the three petitioners are general and omnibus in nature. There is no specific allegation as to who lit the fire and that the petitioner no. 2 happens to be a lady. The application for bail is opposed by learned APP for the State.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioners, this court is not inclined to grant them bail and, as such, their application for anticipatory bail is rejected. They are directed to surrender in the court below within a period of six weeks.

However, taking into consideration that the petitioner no. 2 is a lady, the court may consider and dispose of the bail application of petitioner no. 2 at the earliest. (Partha Sarthy, J) sushma/- U T