Manoj Baitha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10687 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -DARIYAPUR District- SARAN ======================================================

1. Manoj Baitha

2. Chhotan BAitha Both S/o Late Bhi Khari Baitha, R/o Vill- Barwe, P.S.- Dariyapur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-05-2016 Heard the counsel for the petitioners and Mr. Atul Chandra, APP for the State.

The petitioners herein seek anticipatory bail in Dariyapur P.S. Case No. 253 of 2015, registered under Sections 302, 201/34 of the Indian Penal Code and 3⁄4 of Dian Act. The informant has alleged that three accused persons including the petitioners entered into the house of the informant closed her mother as well as informant into the room and committed murder of her mother by pressing her neck. The dead body was put in a gunny bag and disappeared with the dead body.

Learned counsel for the petitioners submits that there is

Patna High Court Cr.Misc. No.10687 of 2016 (3) dt.23-05-2016 2/2 no eye witness to the occurrence. Owing to land dispute between them, the FIR has been lodged. Petitioners have no criminal antecedents.

Learned APP opposed the prayer and submitted that the FIR specifically alleges killing of the mother of the informant at the hands of the accused. Witnesses in course of investigation have supported the prosecution case.

Considering the allegations and other materials reflecting from the record, I do not find a good case for grant the privilege of anticipatory bail. The prayer is rejected. (Kishore Kumar Mandal, J) rohit/- U T