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Patna High Court - Orders

Gopal Sao & Ors vs State Of Bihar on 3 August, 2009

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.7265 of 2009
                   1. Gopal Sao, son of Late Deo Nandan Sao
                   2. Sunil Sao
                   3. Sikri Sao
                   4. Munni Sao, sons of Gopal Sao, all residents of Kansari, P.S. Gourichak,
                      District Patna
                                           Versus
                                     STATE OF BIHAR
                                          -----------


04/   03.08.2009

Heard learned counsel for the petitioners and the State.

Petitioners are apprehending theirs arrest in connection with a case registered for the offence under Sections 364/34 of the Indian Penal Code and they have been named as suspect in the First Information Report itself.

It is submitted on behalf of the petitioners that as they have been named as suspect on account of earlier 144/ 145 Cr.P.C. proceedings between the parties, they should be admitted to the privilege of bail in the event of arrest.

I regret not to accept the aforesaid submission in view of the fact that from the First Information Report itself, it will appear that the father of the informant has not only been abducted, but his dead body has also been made traceless as the same was not recovered till the lodging of the First Information Report.

In view of the contents of the First Information Report, I am not inclined to admit the petitioners to the privilege of bail in the event of arrest. This application is, accordingly, 2 rejected with direction to the petitioners to surrender in the court below and apply for regular bail, which should be considered in accordance with law.

Arjun/                                      ( V.N. Sinha, J.)