Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5320 of 2017 Arising Out of PS.Case No. -445 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mintu Kumar S/o Dayashankar Thakur, R/o Village- Semra (Hat) P.S.- Turkaulia, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar No.1 For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Harsidhi P.S.Case No.445 of 2015 for the offence under Section 395 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner has been named on the basis of confessional statement but in that confessional statement, his name as well as name of the petitioner differs. He has clean antecedent Heard learned A.P.P. also.

Having heard both sides. In view of the fact that as the case is under Section 395 of the Indian Penal Code and the petitioner has been implicated on the basis of confessional statement of the co-accused. No doubt a submission has been made that name and

Patna High Court Cr.Misc. No.5320 of 2017 (2) dt.16-02-2017 2/2 parentage of the petitioner differs with the actual name and parentage of the petitioner. However, I am not inclined to grant anticipatory bail to the petitioner, the petitioner is directed to surrender before the court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below considering the above submission also and without being prejudiced by the order of this Court. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U