Shiv Chandra Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34811 of 2014 Arising Out of PS.Case No. -225 Year- 2013 Thana -PIPRA District- SUPAUL ======================================================
1. Shiv Chandra Mehta S/o Late Sitaram Mehta Resident of Village Chhit Dubiyahi, P.S. Pipra, District Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Shailendra Kumar 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-03-2015 Heard both sides.
The petitioner apprehends his arrest in a case registered under sections 302/120-B of the Indian Penal Code. The informant, wife of the deceased, alleged that on 20.10.2013 Mina Devi, her neighbour took her husband to provide meal and when the informant came out of her house after some time, she found the dead body of her husband. Shri Pramod Mishra, learned counsel for the petitioner, submits that there is no allegation against the petitioner. The petitioner even did not take the husband of the informant to his own house. The dead body was cremated and after two days of the occurrence, the first information report was lodged. On perusal of the record, it appears that the
Patna High Court Cr.Misc. No.34811 of 2014 (2) dt.11-03-2015 informant made allegation that wife of the petitioner took her husband Dular Chand Yadav to her house and Mina Devi and her husband, the petitioner, killed her husband and threw the dead body in front of the house of the informant.
Considering the allegation made against the petitioner, I am not inclined to grant anticipatory bail to the petitioner in connection with Pipara P.S. Case No. 225/13 pending in the court of the Chief Judicial Magistrate, Supaul. His prayer for anticipatory bail is rejected.
The petitioner, if so advised, may surrender and pray for regular bail which will be considered by the court below on its own merit without being prejudiced by this order of rejection.
(Prabhat Kumar Jha, J) Amin/- U