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Patna High CourtCR. MISC./13638/2016rejected

Shibesh Thakur @ Shibesh Kumar Thakur v. The State Of Bihar

2016-05-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13638 of 2016 Arising Out of PS.Case No. -20 Year- 2015 Thana -MADHEPUR District- MADHUBANI ====================================================== Shibesh Thakur @ Shibesh Kumar Thakur, son of Chandrabali Thakur, resident of village- Bath, P.S.- Madhepur, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Barun Kumar Choudhary, Advocate Mr.L.N.Jha, Advocate For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-05-2016 Heard the learned counsel appearing on behalf of the petitioner. None appears on behalf of the State of Bihar, though the name of the learned State counsel is printed in the daily cause list.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 304B and 201/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner happens to be the husband of the deceased and is named in the first Information Report with specific allegation of participation in the crime in question and also taking into consideration the fact that the investigation is still going on, as per finding recorded by the learned Sessions Court, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Madhepur P.S.Case 20 of 2015 pending in the court of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani is rejected.

Patna High Court Cr.Misc. No.13638 of 2016 (2) dt.09-05-2016 2/2 However, if the petitioner surrenders in the court below within a period of four weeks from today and applies for regular bail, then the same shall be considered on its own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Tahir/- U T