← Library
Patna High CourtCR. MISC./46959/2014rejected

Shobh Nath Mahto v. The State Of Bihar

2015-04-23Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46959 of 2014 Arising Out of PS.Case No. -51 Year- 2013 Thana -TARAIYA District- SARAN ====================================================== Shobh Nath Mahto S/o Ruplal Mahto Resident of Village Parrawana, P.S. Taraiya, District Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under sections 302, 201/34 of the Indian Penal Code and that the petitioner is the husband whose wife is said to have been found to be dead in a suspicious circumstances and even her dead body was not made available to her family members including the father, the informant, this Court keeping in view the fact that the petitioner at least owed responsibility to even inform about the natural death of his wife and had failed to do so as per allegation made in the F.I.R. would not find the petitioner to be entitled the privilege of anticipatory bail. The prayer for anticipatory bail of the petitioner is, hereby, rejected.

Nothing said in this order, however, shall come in the way

Patna High Court Cr.Misc. No.46959 of 2014 (2) dt.23-04-2015 of the petitioner in surrendering and making a prayer for regular bail which shall of course be decided on its own merits without being prejudiced by the present order.

(Mihir Kumar Jha, J) surendra/- U