Patna High CourtCR. MISC./56612/2015disposed

Md. Rashid Sah v. The State Of Bihar

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56612 of 2015 Arising Out of PS.Case No. -461 Year- 2013 Thana -KANTI District- MUZAFFARPUR ======================================================

1. Md. Rashid Sah son of Late Hemi Sah, resident of village- Harchanda, P.S.- Kanti, Panapur O.P., District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pradeep Kumar Sinha For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 147, 149, 342, 302 and 506 of the Indian Penal Code. The prosecution case is that the petitioner being Brother-in-Law (Dewar) of the informant and petitioner's son used to give threatening to the informant. When the son of the informant went to call the Mukhiya for convening Panchayati, in the meantime, Md. Rashid Shah, Md. Murtuza Shah @ Bhola Shah, Jaitun Khatoon, Nazbun Nisha and Jaibun Nisha caught the deceased husband of the informant namely, Md. Khalil Shah and Md. Murtuza Shah brutally assaulted him by hammer resulting into his death.

Patna High Court Cr.Misc. No.56612 of 2015 (2) dt.14-12-2015 Earlier bail application of the petitioner being Criminal Miscellaneous No. 28547 of 2014, was permitted to be withdrawn vide order dated 08.12.2014 by a co-ordinate bench of this Court. Now, the petitioner has renewed his prayer for bail on the ground of acquittal of Md. Murtuza Shah @ Bhola Shah and Jaitun Khatoon in Sessions Trial No. 805 of 2014 vide judgment dated 29.08.2015.

This Court is not inclined to release the petitioner on anticipatory bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with S.T. No. 805 of 2014 arising out of Kanti (Panapur O.P.) P.S. Case No. 461 of 2013 Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Ranjan/- U