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Patna High Court - Orders

Rita Devi & Anr vs The State Of Bihar on 12 July, 2017

Author: Ashwani Kumar Singh

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.22212 of 2017
                        Arising Out of PS.Case No. -9 Year- 2016 Thana -BATH District- BHAGALPUR
                 ======================================================
                 1. Rita Devi wife of Umakant Singh
                 2. Umakant Singh son of Sachidanand Singh
                         Both resident of village - Kiranpur, P.S.-Bath, District Bhagalpur.

                                                                                .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Manohar Prasad Singh, Advocate
                 For the Opposite Party/s : Mr. Gopesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                 SINGH
                 ORAL ORDER

3   12-07-2017

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bath P.S. Case No.09 of 2016 registered under Sections 302 and 328/34 of the Indian Penal Code.

Regard being had to the gravity of the offence and specific allegation made in the first information report against the petitioners, coupled with the fact that the post mortem report confirms certain injuries on the person of the deceased and the viscera report goes to suggest that celphos, a highly poisonous substance was administered to the deceased, I am not inclined to grant them pre-arrest bail.

Patna High Court Cr.Misc. No.22212 of 2017 (3) dt.12-07-2017

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Accordingly, their prayer for grant of pre-arrest bail is rejected.

In case the petitioners surrender and seek bail, the same shall be considered and disposed of on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./-

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