Tinku Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27795 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -RAHIKA District- MADHUBANI ======================================================
1. Tinku Mukhiya Son of Raman Mukhiya Resident of Village- Ramnagar, P.S. Rahika, District Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Rahika P.S. Case No. 85 of 2017 corresponding to G.R. No. 1185 of 2017 instituted for the offence under Section 302/34 of the Indian Penal Code. It is alleged in the written report that informant had gone to sleep after taking dinner and his mother and sister were sleeping in Varandah. At 11.20 the sister of the informant told him that few persons were running away after slitting the throat of her mother. Informant came out from the house and saw that the petitioner along with other accused persons were running away with sharp cutting weapons after slitting the neck of his mother.
Case diary has been received. The statement of sister of informant namely, Sangita Kumari is recorded before the police in paragraph-8 of the case diary wherein she has stated that she had seen the petitioner and
Patna High Court Cr.Misc. No.27795 of 2018 (5) dt.20-06-2018 2/2 other accused persons running away. As per post-mortem report, cause of death is due to slitting of neck by sharp cutting weapon. In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, his such prayer stands rejected.
The petitioner may surrender in the court below and pray for regular bail which shall be considered by the court below in accordance with on its own merit without being prejudiced by this order.
(Sanjay Priya, J) sushma/- U T