Ajeet Kumar Mahto @ Ajit Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37199 of 2017 Arising Out of PS.Case No. -67 Year- 2013 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Ajeet Kumar Mahto @ Ajit Kumar Mahto Son of late Ram Pravesh Mahto Resident of Village- Bachholi, P.S. Khanpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdhar Prasad For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Khanpur P.S.Case No.67 of 2013, registered for offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Allegation against the petitioner and other co-accused persons is of causing death of the deceased, who happens to be wife of the petitioner.

Submission of the learned counsel for the petitioner is that he has taken her for treatment and during the course of her treatment she died and the petitioner has been falsely implicated in this case.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.37199 of 2017 (2) dt.19-08-2017 2/2 bail stating that FSL shows that the death is occurred due to consumption of sulphas.

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 petitioner, however, the petitioner is directed to surrender before the learned court below within a period of four weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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