Kapleshwar Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49344 of 2017 Arising Out of PS.Case No. -285 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Kapleshwar Mehta, S/o Late Gopi Mehra,

2. Uma Mehta, S/o Bhola Mehta, Both are R/o Village- Basmatia, Ward No. 08, P.S.- Narpatganj, District- Araria.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party : Md. Naushaduzzoha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Narpatganj P.S. Case No. 285 of 2017, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Allegedly, Sanjay Mehta and Binod Mehta killed the daughter of the informant and were giving electric shock from battery to create evidence and the petitioner no.1 was watching whereas petitioner no.2 later on came and caused threats. Submission is of false implication and that the petitioners have got no concerned with the killing of the daughter

Patna High Court Cr.Misc. No.49344 of 2017 (2) dt.17-10-2017 2/2 of the informant as alleged in the F.I.R. itself, they have been made accused only with a view to implicate so many person. The prosecution story appears not probable and reliable. The post mortem repot is not consistent with the prosecution version and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the petitioner no.1 was acting as a guard and thereafter the petitioner no.2 came and caused threats to the informant.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No. 285 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T