Shiv Narayan Mahto @ Narayan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33049 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -KORMA District- SEKHPURA ====================================================== Shiv Narayan Mahto @ Narayan Kumar, Son of Devendra Mahto @ Dhondhi Mahto, resident of village Pali, P.S.Birupur , District Lakhisarai . .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Om Prakash Maharaj, Adv. For the Opposite Party : Mr. R. Singh Shastri, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 This application is filed under Section-438 of Cr.P.C. with a prayer to grant anticipatory bail in connection with Korma P.S. Case No.36/2014 for the offence punishable under Sections- 302 and 379/34 of I.P.C., on the file of Chief Judicial Magistrate, Sheikhpura. The allegation against the petitioner is that he killed his wife and his mother-in-law filed the complaint of incident.

Heard learned counsel for the petitioner and learned APP for the State.

Apprehending arrest, the petitioner filed A.B.P. No.129 of 2014 in the Court of learned Additional District Judge, Sheikhpura, which was dismissed through order dated 16.6.2014, through a detailed order.

Patna High Court Cr.Misc. No.33049 of 2014 (2) dt.04-02-2015 2/2 This Court is in total agreement with that. The application is rejected.

It is a serious fact that inspite of the dismissal of the application, the petitioner has not been apprehended so far. The trial court shall monitor as to whether the petitioner has been arrested and in case the arrest is further delayed, the necessary steps shall be initiated against the police. It is made clear that on arrest, the petitioner can move the regular bail application, that too, after completion of the investigation. (L. Narasimha Reddy,CJ) K.C.jha/- U