Jokhan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49082 of 2016 Arising Out of PS.Case No. -287 Year- 2016 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jokhan Mahto S/o Late Badhu Mahto Resident of Village Thakur Tola, Tingachhuli, P.S.- Lauria, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate.

For the Opposite Party : Ms. Madhuri Lata, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2016 Heard both sides.

The petitioner apprehends his arrest in Bettiah Town P.S. Case No. 287 of 2016 registered for the offences punishable under Section 379 of the Indian Penal Code.

The informant alleged that she boarded the jeep and tried to put her luggage inside the jeep but the driver of the jeep, bearing Registration No. BR 22A-2763, Jokhan Mahto asked the informant to put her bag on the roof of the vehicle. When the informant got down from the vehicle found that her bag was torn and the entire ornaments and money were taken away. Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle. The petitioner was driving the vehicle and theft was committed on the roof of the vehicle but

Patna High Court Cr.Misc. No.49082 of 2016 (2) dt.16-12-2016 2/2 it appears that generally the driver of the vehicle allowed the passengers to sit on the roof of the vehicle and it was the petitioner who asked her to put her luggage on the roof of the vehicle from where ornaments and cash etc. were stolen away. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T