Mithilesh Ray @ Mithlesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.35714 of 2015 (2) dt.21-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35714 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Mithilesh Ray @ Mithlesh Kumar son of Umashankar Ray, Resident of Village- Dawana, P.S. Jagdishpur, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nil Kamal, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-08-2015 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302,120B/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the informant went to the Court along with his brother and Mother Rekha Devi. While returning from the Court by train his paternal uncle Rambabu Rai and Mithilesh Rai came to his bogie and ordered his father Kamlesh Rai to kill his mother Rekha Devi when Kamlesh Rai fired upon Rekha Devi.

It is submitted by the learned counsel for the petitioner that since the litigation was going on between the mother and the father of the informant from before and the petitioner happens to be uncle of the informant has been roped in the case maliciously.

Patna High Court Cr.Misc. No.35714 of 2015 (2) dt.21-08-2015 The petitioner at the time of occurrence being military personnel was discharging duty at Bangladesh Border. A Statement has been made in para 3 that petitioner has no criminal history. Considering the aforesaid stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 40 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Prakash/- U T