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Patna High CourtCR. MISC./22590/2016rejected

Krishna Kumar Mahto v. The State Of Bihar

2016-08-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22590 of 2016 Arising Out of PS.Case No. -56 Year- 2014 Thana -JALE District- DARBHANGA ====================================================== Krishna Kumar Mahto, Son of Banslal Mahto, resident of village- Lataraha, P.S.- Jalley, Distt.- Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2016 Heard both sides.

The petitioner apprehends his arrest in Jalley P.S. Case No. 56/2014, registered for the offences punishable under Sections 302, 201 and 120(B) of the Indian Penal Code. The Chaukidar lodged the case alleging that a dead body of a young lady was lying near a bridge. The petitioner is the husband of the deceased. It is submitted that the father of the petitioner had filed a case under Sections 364, 365 and 120(B) of the Indian Penal Code making allegation against Sukhdev Mandal and Vijay Mandal that they kidnapped his daughter-in-law Ranju Devi who was seen in the company of Vijay Mandal on 14.05.2014. Other accused persons who are mother-in-law and brothers-in-law of the deceased have already been granted anticipatory bail. The case of

Patna High Court Cr.Misc. No.22590 of 2016 (4) dt.31-08-2016 2/2 the petitioner stands on the similar footing. It appears that the wife of the petitioner had left his house and her dead body was found by the side of a bridge. The deceased left house on 14.05.2016 but the case of missing of deceased was filed on 28.05.2016 after much delay. Considering the facts aforesaid and the fact that the petitioner is husband of the deceased, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi U T