Patna High CourtCR. MISC./17795/2015rejected

Umesh Mahto v. The State Of Bihar

2016-03-16Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17795 of 2015 Arising Out of PS.Case No. -100 Year- 2013 Thana -CHAKAMEHSI District- SAMASTIPUR ====================================================== Umesh Mahto Son of Late Bhutta Mahto resident of Village- Goraine, P.s chak Mehsi, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 16-03-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.

Petitioner apprehends his arrest in a case under section 302/328/34 of Indian Penal Code.

The petitioner submits that he is innocent. The allegation is that the petitioner along with other named accused persons came to the house of the deceased and took him away on the pretext of convening panchayat. The deceased did not come back home till 12 O'clock. On enquiry, the informant learnt that the accused persons tortured her husband and demanded a sum of Rs.21,000/- as fine. She further came to learn that her husband is lying at Malinagar Baicha in injured condition.

Learned counsel for the petitioner submits that the deceased did not sustain any anti-mortem injury. He has been

Patna High Court Cr.Misc. No.17795 of 2015 (5) dt.16-03-2016 2/2 implicated in this case due to village politics. In view of nature of allegations, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is refused with direction to surrender and seek regular bail which would be disposed of on its own merit without prejudice, preferably on the same day.

With the aforesaid observation, the anticipatory bail application filed by the petitioner is hereby dismissed. (Samarendra Pratap Singh, J) kunal/- U T