Patna High CourtCR. MISC./34233/2016dismissed

Matiur Rahman @ Matel v. The State Of Bihar

2016-12-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34233 of 2016 Arising Out of PS.Case No. -176 Year- 2014 Thana -POTHIYA District- KISANGANJ ====================================================== Matiur Rahman @ Matel Son of Late Maqbool Hussain resident of VillageAdhikari Police Station- Paharkatta, Dist- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Firoz Ahmad For the Opposite Party/s : Mr. Ajay Kumar -2 For the Informant : Mr. Sarangdhar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Pothiya P.S. Case No. 176 of 2014 for the offences instituted under Sections 302, 201/34 of the Indian Penal Code. The allegation against the accused persons including the petitioner is of committing murder of the deceased. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has falsely been implicated in the present case. There is no eyewitness to the alleged occurrence nor there is any circumstantial evidence to suggest his implication in the present case.

Patna High Court Cr.Misc. No.34233 of 2016 (3) dt.09-12-2016 2/2 On behalf of the State and the counsel for the informant, it has been submitted that the petitioner is named in the F.I.R. and the anticipatory bail application of other co-accused have been rejected by another co-ordinate Benches of this Court. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of petitioner is rejected in connection with Pothiya P.S. Case No. 176 of 2014, pending in the Court of learned Sessions Judge, Kishanganj. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J.) Amit/- U T