Anil Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42255 of 2018 ======================================================
1. Anil Bhagat, Son of Mahendra Bhagat,
2. Bhuteli Bhagat, Son of Jai Narayan Bhagat @ Chandrika Bhagat,
3. Manoj Bhagat, Son of Mahendra Bhagat, All residents of Village- Mansi Chapra, Police Station- Chakia, District- East Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Shankar Prasad For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioners are apprehending their arrest in connection with Chakia P.S. Case No. 123 of 2016, registered for offences punishable under Sections 302/34 of the Indian Penal Code.
Allegation against the petitioners is that they came on motorcycle and thrown the body of the son of the informant and later on son of the informant was found dead having several injuries over his body.
Submission of learned counsel for the petitioners is that as a matter of fact, the deceased had a love affair, for that Panchayati was held, but he continued the love affair with a girl, for that when the villagers told him that they would inform his family members, the deceased out of fear, committed suicide by
Patna High Court Cr.Misc. No.42255 of 2018 (3) dt.07-08-2018 2/2 hanging himself. It ahs further been submitted that in this case police after investigation has submitted final form but the Magistrate took cognizance against the petitioners. Heard learned A.P.P. also who opposed the prayer for bail of the petitioners by stating that they are named in F.I.R. and the death is occurred due to strangulation.
Having heard both sides, considering the facts and circumstances of the case and also the nature of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioners rather they should surrender and pray for regular bail, which will be considered on its own merit.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T