Munna Mahto And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40632 of 2015 Arising Out of PS.Case No. -92 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Munna Mahto Son of Sri Chandeshwar Mahto

2. Shiv Kumar Mahto Son of Sri Lakhan Mahto Both residents of village - Ayodhya Bigha, P.S. Daudnagar, Distt. Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

Petitioners apprehend arrest in a case registered for the offences punishable under sections 304/34 of the Indian Penal Code.

Petitioners are alleged to have deliberately pushed the father of the informant and father of the informant fell down from the tempo and got head injuries.

It is submitted that the occurrence took place on 24.03.2015 but the F.I.R. was lodged on 18.04.2015. There is inordinate delay in lodging the case but from perusal of the record it appears that the informant and other witnesses have categorically stated that the petitioners deliberately pushed the

Patna High Court Cr.Misc. No.40632 of 2015 (2) dt.05-10-2015 father of the informant causing head injury on account of which he died.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Daudnagar P.S. Case No. 92 of 2015 pending in the court of the learned Sub-divisional Judicial Magistrate, Daudnagar, Aurangabad. His prayer for anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U