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Patna High CourtCR. MISC./25227/2016rejected

Pankaj Srivastava @ Pankaj Kumar And ANR v. The State Of Bihar

2016-08-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25227 of 2016 Arising Out of PS.Case No. -200 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Pankaj Srivastava @ Pankaj Kumar.

2.Chikku Kumar Srivastava @ Chikku Kumar. Both Son of Late Kameshwar Srivastava, Resident of Village- Wishanpur, P.S.- Muffasil, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Adv. For the Opposite Party/s : Mr. Uday Chand Pd. (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2016 Heard both sides.

The petitioners apprehend their arrest in Samastipur Muffasil P.S. Case No. 200/2015, registered for the offences punishable under Sections 302/34, 120B of the Indian Penal Code. The informant alleged that the petitioner and others took his son with them and they killed his son.

It is submitted that there is no eye-witness of the occurrence. Petitioners have falsely been implicated in the case. It appears that the informant made very specific allegation that the deceased went along with the petitioners and others and thereafter his dead body was found.

Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.25227 of 2016 (4) dt.20-08-2016 2/2 petitioners and others took son of the informant and thereafter he became traceless and only his dead body was recovered, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T