Ramchandra Pandit And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47062 of 2017 Arising Out of PS. Case No.-406 Year-2017 Thana- PHULWARI District- Patna ======================================================

1. Ramchandra Pandit, aged about 57 years, son of Late Kuldip Pandit

2. Lakshaman Pandit @ Chotelal Pandit, aged about 54 years, son of Late Kuldip Pandit Both resident of village-Sabajpura, Kumhartoli, Post-Khagaul, P.S. Phulwarisharif, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshuman For the Opposite Party/s :

Mr. MANOJ KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Phulwarisharif P.S. Case No. 406 of 2017 registered for the offence punishable under sections 302, 120(B), 201 and 34 of the Indian Penal Code. The allegation against the petitioners herein is strangulating their mother resulting in her death. The learned counsel for the petitioners submits that the allegation levelled against them is false and concocted inasmuch as the property did not belong to the mother of the petitioners, hence there was no occasion to kill their mother. I have perused the case diary and I find that the charge

Patna High Court Cr.Misc. No.47062 of 2017(5) dt.29-01-2018 2/2 sheet has already been filed by the Police finding the case to be true as against the petitioners herein. Further the postmortem report also shows that the deceased tied on account of asphyxia. In such view of the matter, I do not find the case to be a fit case for grant of anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. S.Sb/- (Mohit Kumar Shah, J) U