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Patna High CourtCR. MISC./38024/2019dismissed

Triloki Mahto v. The State Of Bihar

2019-08-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38024 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- JANKINAGAR District- Purnia ====================================================== 1.

TRILOKI MAHTO Son of Late Kaleshwar Mahto Resident of Village - Rampur Tilak, P.S.- Janakinagar, Distt - Purnia. 2.

Binod Mahto Son of Late Kaleshwar Mahto Resident of Village - Rampur Tilak, P.S.- Janakinagar, Distt - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate with Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Jankinagar P.S. Case No. 37 of 2019 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.

Prosecution is that sister of informant was assaulted by her in-laws and caused her death and on information of daughter of deceased that her mother was assaulted by petitioners and others the informant went there and saw her dead body lying in her sasural.

Submission of learned counsel for the petitioners is that petitioners are family members of in-laws of the deceased and there is no occasion for the petitioners to cause her death

Patna High Court CR. MISC. No.38024 of 2019(3) dt.27-08-2019 2/2 and during investigation also there is no such evidence of supporting the prosecution case.

Heard learned APP and perused the case diary, from which it appears that there is specific allegation against the petitioners of causing death of deceased and the statement of sister of deceased, namely, Laxmi Kumari has not been recorded by the police and the investigation is still going on. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. They may surrender and pray for regular bail. With the above observation, this application is dismissed.

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