Patna High CourtCR. MISC./851/2017rejected

Mritunjay Mehta @ Mritunjay Kumar v. The State Of Bihar

2017-01-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.851 of 2017 Arising Out of PS.Case No. -340 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Mritunjay Mehta @ Mritunjay Kumar, son of Paras Nath Mehta, resident of Village- Tetaraiyn, P.S. Simra, District- Aurangabad (Bihar) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amarendra Kumar Singh, Advocate For the Opposite Party : Mr. Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 340 of 2016, registered for the offences punishable under Section 304of the Indian Penal Code.

Allegedly, the petitioner induced the informant and his sister to get her treated in the clink of Dr. Bindu Sinha, where the sister of the informant was operated and during operation she died and thereafter the petitioner and Dr. Bindu Sinha brought the dead sister of the informant to Sadar Hospital, the Dr. declared her dead and then Dr. Bindu Sinha and the petitioner fled away. Submission is of false implication and that the petitioner is a student, he has got no concerned with the alleged

Patna High Court Cr.Misc. No.851 of 2017 (2) dt.12-01-2017 2/2 occurrence. The petitioner is not at all connected with this case. The deceased was accompanied with her own female in-laws, she might have gone to Dr. Bindu Sinha and, as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. seriously opposes.

In the facts and circumstances as stated above, considering the nature of allegation, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Aurangabad (Town) P.S. Case No. 340 of 2016, pending in the Court of learned Chief Judicial Magistrate, Aurangabad.

(Jitendra Mohan Sharma, J.) Rajiv/- U T