Mesi Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52513 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== 1.Mesi Mahto 2.Naresh Mato @ Bhutta Mahto both sons of Singeshwar Mahto, resident of village-Ismilepur, P.S.Sadar, Hajipur, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are apprehending their arrest in Sadar Hajipur P.S.Case No.216/16 for the offence under Section 302/34 of the I.P.C.

Allegation against the petitioners is that they assaulted to the husband of the informant as a result whereof he died Post mortem report revealed that the death had occurred due to internal injury caused by hard and blunt substance Submission of the petitioners is that there is no eye witness of the occurrence.

Learned counsel for the State submits that only one witness has supported the allegation before the police.

Patna High Court Cr.Misc. No.52513 of 2016 (3) dt.17-01-2017 2/2 Considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners is rejected.

(Birendra Kumar, J) AnilKrSinha/- U