Jitendra Nath Mishra @ Bhola Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54453 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -DUMRAUN District- BUXAR ======================================================
1. Jitendra Nath Mishra @ Bhola Mishra, Son of Late Uma Shankar Mishra,
2. Manju Mishra @ Manju Devi, Wife of Jitendra Nath Mishra, Both of Resident of village - Akauni, P.S. Dumraon, District - Buxar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Advocate For the Opposite Party/s : Sri Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 This is an application for grant of anticipatory bail for offences punishable under Section 302/34 of the Indian Penal Code.
Heard learned counsel for the petitioners.
It has been submitted on behalf of petitioners that they are named in the F.I.R. and specific allegation has been attributed against them. During the course of investigation it has come that petitioners were at that time at Renukot and final form has been submitted against petitioners. Learned Chief Judicial Magistrate, Buxar, differing with the final form has taken cognizance against the accused persons.
Heard learned A.P.P. also.
Having heard both sides and considering the facts and
Patna High Court Cr.Misc. No.54453 of 2016 (2) dt.12-01-2017 2/2 circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners.
However, petitioners may surrender before the court below, i.e., Chief Judicial Magistrate, Buxar, in connection with Dumraon P. S. Case no. 204 of 2015 and make prayer for regular bail. If prayer for regular bail is made, the court below will consider these aspects of the matter that petitioners were present at Renukot at that time, final form has been submitted against them and cognizance has been taken against petitioners also. The court below is also directed to dispose of the bail application preferably on the same day.
With the aforesaid observation this application is dismissed.
(Vinod Kumar Sinha, J) sudip/- U T