Mithilesh Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22859 of 2017 (3) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22859 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -BAKHTIYARPUR RAIL P.S. District- PATNA ======================================================

1. Mithilesh Kumar,

2. Rajendra Yadav @ Sukhari @ Sukahari

3. Taruna Prasad @ Tarun Prasad @ Tarun Kumar All 1 to 3 are Sons of Jugeshwar Prasad

4. Rani Kumari, Wife of Mithilesh Kumar,

5. Saroja Devi Wife of Rajendra Yadav @ Sukhari

6. Ranju Devi, Wife of Taruna Prasad @ Tarun Prasad

7. Lalapati Devi, Wife of Jugeshwar Prasad, All are Residents of Village- Rupanbigha Police Station- Tharthari, District- Nalanda at Biharsharif.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Rail (Bakhtiarpur) Police Station Case No. 41 of 2017, corresponding to G.R. No. 186 of 2017, disclosing offences under Sections 306/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the deceased died due to an accident met with her while she was

Patna High Court Cr.Misc. No.22859 of 2017 (3) dt.13-07-2017 trying to cross the railway line. In this regard, the informant has also filed a petition before the Special Railway Magistrate, Patna, which is evident from annexure-2. The petitioners happen to be the close relatives of the husband of the deceased have not played any role in the alleged accident. The petitioners are of clean antecedent. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Railway Magistrate, Patna in connection with Rail (Bakhtiarpur) Police Station Case No. 41 of 2017, corresponding to G.R. No. 186 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T