Brij Nandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45914 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -PARASI District- JEHANABAD ====================================================== Brij Nandan Mahto S/o Ramjatan Mahto R/o Village : - Danka Bigha, P.S. : - Parasai, Distt : - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Kalyan Shankar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 302, 201, 498 (A) and 120B/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner happens to be the husband of the deceased lady and he is named in the first information report, vide Annexure-1, as an accused with the allegations made therein, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Parasi P.S.Case No. 03 of 2015 pending in the court of the learned Chief Judicial Magistrate, Arwal is rejected.

However, if the petitioner surrenders in the court below within a period of four weeks from today and applies for regular bail, then the same shall be considered on its own merits without being prejudiced by the rejection of his prayer for grant of anticipatory bail by the present order.

Tahir/- (Birendra Prasad Verma, J) U T