Md. Matin @ Md. Matin Mian @ Matin Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36886 of 2017 Arising Out of PS.Case No. -187 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Md. Matin @ Md. Matin Mian @ Matin Miyan, Son of Late Abdul Rashid, Resident of Village- Bahrampur Tola Maskan Dargah, P.S.- Bachhwara, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2017 Heard both sides.

The petitioner apprehends his arrest in Bachhwara P.S. Case No. 187 of 2015 registered for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code. The anticipatory bail of the petitioner was earlier rejected on 01.09.2016 passed in Cr. Misc. No. 28834 of 2016. Learned counsel for the petitioner submits that the petitioner again moved for anticipatory bail on the ground of changed circumstances that the police after investigation submitted final form but, learned court below took cognizance against the petitioner. The petitioner is a retired teacher aged about 67 years. The deceased committed suicide only because marriage of the

Patna High Court Cr.Misc. No.36886 of 2017 (2) dt.06-09-2017 daughter of the petitioner was fixed. The allegation is absolutely false but, I find that the deceased, himself, disclosed to his father on mobile that the petitioner and his sons caught him and administered poison, his condition was deteriorating and immediately thereafter the deceased died.

It appears that the deceased had love affairs with the daughter of the petitioner and the petitioner along with his sons are alleged to have brought and caught the deceased and administered poison causing his death.

Considering the facts aforesaid, I do not find any new substance for reconsideration of the anticipatory bail of the petitioner. Accordingly, prayer for anticipatory bail of the above named petitioner is once again rejected.

The petitioner, if so advised, may surrender in the court below within four weeks from today and on such the court below shall consider the prayer for regular bail of the petitioner without being prejudiced of the order of this Court. (Prabhat Kumar Jha, J) KKSINHA/- U T