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Patna High CourtCR. MISC./30498/2016rejected

Rakesh Kumar @ Rakesh Mandal v. The State Of Bihar

2017-03-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30498 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -SONO District- JAMUI ====================================================== Rakesh Kumar @ Rakesh Mandal, S/o Hiro Mandal through his natural guardian father namely Hiro Mandal, S/o Bhubneshwar Mandal R/V - Dodhari, Tola - Nimare, P.S. - Sono, District - Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar Sinha, Advocate.

For the Opposite Party : Ms. Anuradha Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2017 Heard both sides.

The petitioner apprehends his arrest in Sono P.S. Case No. 63 of 2015 registered for the offences punishable under Sections 364 and 34 of the Indian Penal Code. Sangita Devi, the informant, alleged that while her husband was on poultry farm the petitioner along with other accused persons came and burnt the poultry farm. When the husband of the informant protested all the accused persons killed her husband and took away the dead body.

Learned counsel for the petitioner submits that the petitioner is a juvenile declared by Principal Magistrate, Juvenile Justice Board, Jamui and he has got no criminal antecedent. It is further submitted that Mannu Mandal @ Manu Mandal @ Manoj

Patna High Court Cr.Misc. No.30498 of 2016 (4) dt.16-03-2017 2/2 Kumar Mandal @ Manj Kr. Mandal has already been granted bail on the basis of juvenility by this Court vide order passed in Cr. Rev. No. 152 of 2016. It appears that there is specific allegation against the petitioner and others that they all came to the poultry farm of the informant and burnt the poultry farm brutally assaulted the husband of the informant killing him on the spot and thereafter they took away the dead body with them.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T