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Patna High CourtCR. MISC./36941/2014dismissed

Md. Punna And ORS. v. The State Of Bihar

2015-04-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36941 of 2014 Arising Out of PS.Case No. -58 Year- 2014 Thana -TARAPUR District- MUNGER ======================================================

1. Md. Punna

2. Md. Karkas @ Karku

3. Md. Taha All sons of Sk. Sikandar @ Md. Sk. Sikandar, All residents of village - Muskipur, Police Station - Tarapur, District- Munger. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Binay Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-04-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 447, 341, 323, 379 and 427/34 of the Indian Penal Code registered in connection with Tarapur P.S. Case No.58 of 2014 and subsequently, Section 302 of the IPC was added.

3. It is submitted that the petitioners have been falsely implicated and there is a case and counter case between the parties. Moreover, the informant has since died but after a lapse of more than one month after the alleged occurrence, which shows the falsity of the accusations.

4. Having regard to the nature of accusations, gravity of offence alleged as well as the post mortem report which

Patna High Court Cr.Misc. No.36941 of 2014 (2) dt.01-04-2015 2/2 opines that the death was caused due to septic meningitis as a result of old and head injury, this Court is not inclined to grant anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) B.T/- U T