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Patna High CourtCR. MISC./10552/2018dismissed

Manjoor Alam And ANR v. The State Of Bihar

2018-04-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10552 of 2018 Arising Out of PS.Case No. -789 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manjoor Alam, Son of Late Sahid Ansari,

2. Samsad Alam, Son of Manjoor Alam, Both residents of Mohalla- M.S. College Quarter, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Motihari Town P.S.Case No.789 of 2017 registered for offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation against the petitioners, as per FIR is that the dead-body of the son of the informant was recovered and the informant believed that he has been killed by the accused persons including the petitioners as there was love affair between the son of the informant and the daughter of the petitioner no.1 and they also threatened to him. Further allegation is that it appears that the petitioner no.1 had called the son of the informant on telephone

Patna High Court Cr.Misc. No.10552 of 2018 (3) dt.09-04-2018 2/2 and thereafter killed him.

Submission of the learned counsel for the petitioner is that there is no eye witness of the occurrence and only on the basis of suspicion, they have been made accused in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioners, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T