Dinesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34141 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- RAJNAGAR District- Madhubani ======================================================

1. Sitaram Pandit, S/o Late Kishun Pandit (Wrongly Mentioned Late Vishun Pandit in the F.I.R.),

2. Niro Devi W/o Sitaram Pandit, Both R/o Vill.- Hirapatti, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 36815 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== Dinesh Pandit son of Sita Ram Pandit, resident of Village- Heera Patti, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 34141 of 2018) For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma (In Criminal Miscellaneous No. 36815 of 2018) For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Both petitions arise out of the same case i.e. Raj Nagar P.S. Case No. 260 of 2017 registered under Sections 302, 304B, 201/34 of the Indian Penal Code in which, petitioners apprehend their arrest and accordingly, they are being heard and disposed off by this common order.

Patna High Court Cr.Misc. No.34141 of 2018(4) dt.26-07-2018 2/3 Heard learned counsels for the petitioners and the State. The petitioners in Cr. Misc. No. 34141 of 2018 are the father-in-law and mother-in-law and the petitioner in Cr. Misc. No.36815 of 2018 is the husband of the deceased. Learned counsel for the petitioners has submitted that petitioner no.1, namely, Sitaram Pandit in Cr. Misc. no. 34141 of 2018 has already been arrested during the pendency of the application.

Accordingly, the application with respect to petitioner no.1 is dismissed as withdrawn.

Learned APP for the State has submitted that it has come in the case diary that process under Section 82 Cr. P. C. has already been issued and the same has also been executed by the police. The police has also prayed for issuance of process under Section 83 Cr. P.C. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners in both the applications stand rejected. Petitioners of both the cases are directed to surrender before the Court below within a period of four weeks from the date of receipt of copy of this order and make prayer for regular bail which shall be considered and disposed of, if possible, on the same day, on its own merit in accordance with

Patna High Court Cr.Misc. No.34141 of 2018(4) dt.26-07-2018 3/3 law without being prejudiced by the present order. (Sanjay Priya, J) shyambihari/- U T