Shambhu Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78315 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- SUPAUL District- Supaul ======================================================

1. Shambhu Mehta S/o Lakshman Mehta

2. Sintu Mehta @ Bauku S/o- Lakshman Mehta, Both are resident of villageAkma, P.S. Supaul, District-Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Supaul P.S.Case no.119 of 2018 dated 4.3.2018 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation as per FIR is that the son of the informant was treeless and his dead-body was found near the Pokhar and he has some injuries. It appears that somebody has killed him due to enmity. They are not named in the FIR and they have falsely been implicated in this case and they are uncle of Puja Kuamri. During the investigation it has come that the deceased has love affair with Puja Kumari and for that they have killed the deceased.

Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner

Patna High Court Cr.Misc. No.78315 of 2018(3) dt.09-01-2019 2/2 and the father of Puja Kumari, Ravi Mahto has been granted bail by a co-ordinate Bench of this Court, vide order dated 29.10.2018 passed in Cr. Misc. No.49717 of 2018. Heard learned A.P.P., who has opposed the prayer for bail stating that there are some materials available in the case diary. Having heard both sides and in view of the facts and circumstances, as stated above, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on the basis of the fact that another co-accused who is father of Puja Kumari has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 29.10.2018 passed in Cr. Misc. No.49717 of 2018 and considering the aforesaid fact he will dispose of the prayer of the petitioner if possible on the same day.

With the aforesaid observation, this application is disposed of.

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